Legal Question in Real Estate Law in California

Unlawful Detainer

We lost our home to foreclosure. We have been the standard three day eviction order. We now expect to receive an Unlawful Detainer Notice. My wife is disabled and I am partially disabled. We know we have to move but I need time to sell all of our possessions. My wife has sleep apnea and must sleep with a CPAP which requires AC power.

How do I respond to the Unlawful Detainer. What forms do I have to use? I've worked for a living since I was 15 and have never faced anything like this before.


Asked on 3/28/09, 8:12 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Unlawful Detainer

Sorry to hear about this. Unfortunately, disability and hardship are not among the grounds for opposing an unlawful detainer. Your best bet to save cash, get a little more time, and make a graceful exit is probably through direct negotiation with the new owner, rather than opposing the UD lawsuit. It isn't so much a matter of "what forms do I use?" as "what can I possibly say on a form?" Even if you had the right form, it would not win your UD case for you. Only a valid defense would win, and since you are no longer the owner of the property, the defense does not seem to exist. On the other hand, the buyers at foreclosure may have no particular plans for the property, and if you acquaint them with your personal situation, they might rent to you, or ??

Read more
Answered on 3/30/09, 12:32 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California