Legal Question in Real Estate Law in California

renters rights

can a photo copy of grant deed be recorded? can a house in forclosure be rented without renters knowledge of the forclosure? what is the california civil code pertaining to rent skimming? can a stipulation judgement in unlawful detainer case be over turned if you find wrongful doings after stipulation? such as not letting the court know property was going into forclosure? we made a rental agreement in court prior to us knowing of the forclosure. how do we overturn this stipulation in court in order not to violate court order?


Asked on 5/17/99, 11:19 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: renters rights

The general requirements for a document to be recorded are: 1. it must be legible; 2. the signatures must be notorized; or a certified document such as an abstrct of judgment. Further just because a document is recorded does not automatically convert it into a valid or enforceable document. The county recorder merely insures that the minimum requirements for regarding the document have been met.

I am unaware of any California law regarding rent skimming. As to the other questions you have asked there is insufficient information to answer them.

A cause of action for fraud can be stated when the following conditions have been met:

1. A person makes a statement that he or she knows is false, or should have known was false.

2. This statement was made with the intent to induce the other party to take action;

3. Relying on this false statement the other person takes action, that the person would not have taken but for the false statement;

4. It was reasonable for the other person to rely on the false statement,

There are many different fact circumstances under which the above criteria can be met.

The violation of a court order occurs when; there is a valid court order; the person violating the court order knows of the court order; and has the ability to comply with the court order. You may be able to set aside the stipulated court order on the grounds that it was entered into fraudently. It is always best to have a court order changed rather than just to ignore ti.

You should contact an attorney immediately and discuss the facts of your circumstances with the attorney. Take a copy of all documents, names, addresses and telephone numbers of every witiness, with to the appointment.

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Answered on 5/22/99, 3:42 pm


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