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Eviction Laws

The legal term for an eviction is known as an unlawful detainer.  It is a lawsuit that petitions the court to take away possession from the former owner and award possession to the bank or to the winning bidder at a foreclosure sale.  The process is faster than most other legal actions due to the fast track process placed on unlawful detainer actions. The eviction laws that govern the process and procedure of filing an unlawful detainer in court in California are provided to inform and educate the public and our clients.

In just about every necessary action that occurs in an unlawful detainer the time frame allowed is only 5 days to determine the appropriate response and the necessary time to file in court.  The system appears to be rigged against the occupant/defendant.  Most unlawful detainer actions are simply answered by a defendant or with no response at all.  The objective of an unlawful detainer is to petition the court to issue a Writ of Possession which is then enforced by the County Sheriff.  This will lead to a very short stay in the property with the moving day fast approaching.

The eviction laws in California that allows the bank or the winning bidder at a foreclosure sale to petition the courts for possession of the property.

This is allowed by several California laws. The two main laws are:

Civil Code 2924

This law provides that a bank or a buyer is entitled to immediate possession following the completion of a  foreclosure sale in California.  The only requirement is that title must be properly perfected by the plaintiff by recording a signed and notarized Trustee’s Deed Upon Sale at the County Recorder’s office. This is all that is required prior to initiating an unlawful detainer process.

Code of Civil Procedure 1161a

This code grants the new owner of a property following a foreclosure sale to only be required to provide a 3 day notice to quit to the former owner.

Code of Civil Procedure 1160

This code provides rights to tenants residing in a property that has been foreclosed upon.  The law states that a tenant must be given a 60 day notice to vacate.

Protecting Tenants at Foreclosure Act of 2009

Protecting Tenants at Foreclosure Act of 2009 – OCC Manual

This a Federal law that provides additional rights and defenses to tenants and occupants occupying the property subject to an unlawful detainer process.

Our company works within California laws, Federal laws and from case laws as determined by prior court rulings to fight the court action in numerous ways leading to months of delaying the unlawful detainer from going to trial.

Call us for a free confidential evaluation of your specific situation.
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