Legal Question in Real Estate Law in California

Depending on the lender and the law firm that they hire to do the eviction, it may take weeks or months before the eviction is done.

To improve your chances of prolonging the process to make sure you have sufficient time to move out, there are several things you can do.

1. First, you must file an answer and not take a default. Together with your answer, file a demand for jury trial. I recommend that you get a lawyer to assist you and help you keep track of the progress so you don't miss any important dates. If the lender does not file for motion for summary judgment, it may take up to 1 to 2 months to complete the eviction.

2. Second, even if a trial date is set and you had requested a jury trial - and lender hates jury trial, you will have some leverage to negotiate a later move-out date. This is done through a stipulated judgment. You may even be able to negotiate to have the lender waive the holdover damages and costs so you don't even owe them a dime. Also, you may be able to negotiate with them to not have an eviction judgment on the record. You might want to get an attorney to help you.

You only have 5 days to respond to the summons so you must act now and without delays.

You should try to negotiate with the lender for time to move. I think a lender would prefer a smooth move out of the property rather than a frantic situation that could lead to waste of the premises.

I agree with Mr. Roach. You only need a few days or weeks more time. If you need to file an answer to the UD as a delaying tactic or for negotiating leverage, I believe there is a form put out by the California Judicial Council. Find their Web site, look under "forms" and then under "Unlawful Detainer".