Legal Question in Real Estate Law in California

unlawful detainer

I refinanced my home, getting out of variable rate to 30 year

fixed. Approx 10 months into new loan the lender contacts me

to inform me that my payment of $3,700. a month would

increase to $11,121. I found a contract in my papers that

stated I was in real estate for 30 years and my income was

$22,000. a month. I'm a widow, homemaker and have

income from 2 partnerships that pay me the same money

every month, which I had shown to lender from my K1's,

$9,205.34. They are now trying to evict me by way of

unlawful detainer. I have to appear in court Monday March 16,

2009 with my defense. I have a complaint filed against them

in a different court along with a lis pendens. I am asking for

advice on how to present my defense on the unlawful

detainer.


Asked on 3/13/09, 6:41 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: unlawful detainer

Thoroughly, effectively, and professionally.

You haven't done so yet, since you filed your other case [claims and grounds unknown] in a different court, and didn't consolidate the cases so as to avoid exactly the problems you face. Whatever the facts of the two cases are, they are related, and should be heard by the same judge. You'd better get that consolidation accomplished asap. The only way to do so is by proper motion, which you should have had prepared, filed and served prior to the 3-16 hearing. You see the problem here? Today is Friday. That can't be done by close of court today.

At this point, if you hired me to do all this, I'd prepare the motion to consolidate over the weekend, take it to court on 3-16 to show it to the judge, as the basis for me requesting a continuance of the UD hearing, to give me time to have the motion heard, granted, and the cases consolidated. The UD court is not going to be happy with you waiting until the last minute to do this.

If you're serious about doing this, feel free to contact me to discuss the fees and costs it will require to do this emergency procedure, and then follow on with the case[s].

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Answered on 3/13/09, 2:29 pm
David Gibbs The Gibbs Law Firm, APC

Re: unlawful detainer

I have to agree with Attorney Nelson - you need representation, and you need it fast. There is no possible way to resolve the two pending matters without being represented by counsel. Given the time constraints, you just don't have the time to learn legal procedure, drafting and substantative law by Monday. Please call Mr. Nelson - I am not a litigator so I cannot help, but I've seen enough UD cases to know you will lose on Monday if you don't get someone to assist you. Please, don't take this email wrong - I've seen five applications in the past two months with similarly outrageous frauds created by unscrupulous loan brokers just trying to make a buck, so I really wish you the very best of luck in resolving this.

*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 3/13/09, 3:01 pm


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