Legal Question in Real Estate Law in California

unlawful detainer

Sept.16th@6:01am I will be evicted for my own home that is a fee absolute estate.This is the estate of my father,and the house is free and clear,there are NO Creditors Claims Against the Estate.I am Sole Benificiary to the estate.I have a default money judgement against me and didnt find out about it until 4yrs after its entry.I found out when the sherriff brought papers to me saying there was now an Assignee of Record who was trying to have me removed as admin.I immeditally got counci and after about 1 1/2yrs he did just about nothing and I was removed as admin.This Asingee ended up shotting himself with a 9mm,the orig judgement creditor eventually was appointed admin despite my objections.My judgement creditor(now admin)served unlawful detainer on me,got a judgement and writ of execution.I payed $1500.00 to stay the writ w/no further stays.I had written a Motion to set aside UD w/points of auth.I told court clerk I wanted to file them she told me to hold on to them until court starts and give them to the judge!WRONG!So not being able to present my case,judgement plaintiff.WHAT CAN I DO??I havent been able to find any one to handle this because of all the issues involed.AS of time of writting this theres20hs47m until sherriff


Asked on 9/15/07, 12:19 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: unlawful detainer

At this point, with only some 8 hours to go, an attorney can not do anything to prevent your eviction. It is unclear to me whether you have inherited the property or will be inheriting it. I assume that at the time of the UD you were not the legal owner of the property because if you were then the administrator would have no power over the house. There are too many elements that seem to be confused. I can speak without charge with you for no more than 30 minutes in order to see what information I can give to you, but if the sheriff has Sunday at 6:01 a.m. scheduled as opposed to saying no sooner than that, there is nothing that can be done at this late date.

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Answered on 9/16/07, 1:27 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: unlawful detainer

Mr. Shers' has already given an excellent answer.

I don't want to put "salt in old wounds", but you waited far too long to seek help.

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Answered on 9/16/07, 11:39 am


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