Unlawful Detainer

Once your home has been foreclosed on, you may receive a notice demanding that you vacate the property within a specified period of time. If you refuse to leave because you believe that you have experienced a wrongful foreclosure, the new owner will have to attempt to evict you by filing an unlawful detainer. This process can take several months and will allow you to stay in your home while the matter is resolved.

An overview of the post-foreclosure eviction process

Following a foreclosure, the lender or new homeowner cannot simply take the property from the resident living there. To lawfully take possession of the home, the resident must be evicted, often with an unlawful detainer lawsuit. These suits give residents the time they need to fight the eviction.

The post-foreclosure eviction process begins when the new owner sends a Notice to Quit to the resident, giving that individual a certain number of days to vacate. The timeline will depend on whether or not the resident is the former homeowner or a tenant, and if the tenant has a lease. If the tenant has a lease, the new owner must recognize it and cannot take any steps to evict the resident until the lease term is over.

If the deadline passes and the resident remains in the home, the new owner will need to file a Los Angeles unlawful detainer lawsuit. If that suit is successful, the resident will need to vacate the property immediately or the sheriff will physically remove him or her from the premises.

When Eviction occurs

In California, a landlord may evict a tenant if the tenant:

  • Fails to pay the rent on time
  • Breaks the lease or rental agreement
  • Damages property which brings down the value
  • Becomes a serious nuisance by disturbing other tenants and neighbors
  • Uses the property for illegal activity

In many cities, landlords can also evict the tenant:

  • If the tenant stays after the lease is up
  • If the landlord cancels the rental agreement by giving proper notice

LANDLORD EVICTION PROCESS:

1

Give Tenant Notice

2

Fill out necessary forms

3

File in Court

4

Serve tenant

5

Tenant responds

6

Trial

7

After judgment

TENANT EVICTION PROCESS:

1

Receive notice from landlord

2

Served with complaint

3

Decide to respond

4

File response

5

Trial

6

After judgment

How to respond to an unlawful detainer notice

If you have received a Los Angeles unlawful detainer notice, you will need to hire a real estate attorney who is experienced in foreclosure matters immediately. If you ignore the complaint, the new owner may request a default judgment in their favor, as well as a monetary judgment against you. There are also strict timelines involved with your response to this type of summons. As such, we recommend acting quickly and retaining a lawyer as soon as possible who can help you navigate the process.

How to fight your post-foreclosure eviction

If you’re facing post-foreclosure eviction due to predatory lending practices, bank negligence and fraud, a real estate attorney may be able to file a wrongful foreclosure lawsuit to keep you in your home and fight the eviction. This may involve uncovering title issues, lender fraud and legal violations that may have occurred throughout the foreclosure and eviction process. Our Los Angeles attorneys at RA & Associates will carefully review the facts of your case and do everything within our power to defend against the eviction and ensure that your rights to the property are protected.

Contact our office today

With over a decade of experience in real estate litigation, the attorneys at RA & Associates have successfully resolved countless cases for our clients. For help with your legal issue, contact our Los Angeles office today for a preliminary analysis of your case.