Legal Question in Real Estate Law in California
Unlawful Detainer-Evicition
My mortgage company foreclosed on my home on December 10,1999 and I was served a ''Notice to Quit'' (I was not informed my loan was in default prior to Dec.10, 1999). I hired an attorney and he contacted the mortgage company attorney's. I was then served with an Unlawful Detainer-Eviction Summons. I went to court several times and finally on April 6, 2000 the court ruled in my favor and awarded me attorney fees and court costs. Outside the court house on April 6 my attorney told me that we now needed to take the mortgage co. back into court to have the house put back into my name, again in May he told me the same
and he wanted $4000.00 to start this process.
Yesterday I went to the Recorder Dept. and found the house was put back into my name on April 7, 2000. I no longer want my attorney to work for me and I have requested my files (all my original checks and other paper work to support my case is in that file), he told me my file was in archive's and it would take two weeks to get my file. Is there a time frame he has to give me my files? Also I want to sue the mortage company for damages, is there a time limit that I need to file?
1 Answer from Attorneys
Re: Unlawful Detainer-Evicition
Two weeks to retrieve a file that was active so recently sounds excessive to me, but as it is now about two weeks since you posted your inquiry, I'll assume you have your files. If not, I suggest pressuring the former attorney with frequent calls until the files are produced.
There are time limits for filing against the mortgage company. In general, the sooner you file and serve your suit the more possible remedies and damages you preserve.
I cannot say for sure what the deadlines might be in your case, because I don't know how far back all the events upon which suit might be brought may have begun or occurred. You are probably OK if you get on file by the end of this year, but in no event should you delay unnecessarily; your new lawyer will be able to do a better job for you the sooner he gets the case.
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