Legal Question in Landlord & Tenant Law in California

landlord/tenant /forclosure

We were served Sat.5/9/09 a summons for eviction and don't know why. Our landlord/owner of the house we are or were renting from her just recently in forclosure and she failed to tell us when she rented to us. We need help with this cause the paper says five days . We have never contested moving just needed time to find another place to go and just recently did get another place. But on Friday 5/8/09 we asked for 2 weeks to be able to move all our belongings out and they served us this summons the next day. We do not feel any of this is fair to us at all and need help. We dont want this on our record ,filing an answer will result in it being on our record. What do you suggest. Please can you help asap. The Bank or mortgage comp. is doing this to us


Asked on 5/13/09, 2:53 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: landlord/tenant /forclosure

First, who is suing you for unlawful detainer - the mortgage company or the landlord? That's an important distinction. If the mortgage company is suing you, first they must have completed the foreclosure, and now own the property. Second, they must have served you with a 60 day notice to vacate the property before they can file a lawsuit. If it is the landlord/property owner who filed the unlawful detainer, then he too must have served you with some form of notice before he can file the suit. What does the complaint say - you need to read it and determine why they are evicting you. You need to retain a local attorney to defend this, or at a minimum, advise you if there is a defense to the suit. If not, you need to start packing because after the case is heard by a judge, you'll have about five days to vacate before the Marshall locks you out, unless you stop it with a bankruptcy.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/13/09, 12:40 pm


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