Legal Question in Real Estate Law in California

There is an eviction judgment on my credit for a home that I do not own nor was I a tenant of the home when the owners lost it to foreclosure. It was placed on my credit in 2008 but I just learned of it recently when looking for an apartment. I have lease agreements to show prove of my residence at that time. I was leasing an apartment from 2007-2009. What paperwork do I need to file to get it removed? The case number is out of California, Riverside County, RIU005575.

I have tried calling the reporting agencies Onsite and Rent Bureau. I have also tried contacted the mortgage company that named me as a defendant but they no longer exist; Avelo Mortgage is now Litton. I emailed executices at Litton but have not received a response. The Attorney over the case has resigned. M.W. Roth (#77962), Sherman Oaks, San Diego, Riverside (the attorney over the case) is currently being investigated for mortgage scams and misconduct by the California Attorney General, the Dept of Real Estate and the California Bar.


Asked on 7/14/10, 10:51 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I would have a lot of questions, such as whether you were ever served the original summons and complaint, and ignored it (obviously thinking it was your property) or is this a case of misidentification because you shared the same name as the former owner.

You are obviously going to want to work with the credit agencies, if you do not speak to an attorney. You have to send letters, with your evidence attached, contesting the debt. If that doesn't work, I usually recommend litigation to force the issue.

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Answered on 7/14/10, 3:06 pm


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