Legal Question in Real Estate Law in California
Vacation of default judgment unlawful detainer
My landlord didn't own the house. It was foreclosed on before I moved in. When the bank decided to take possession they gave a 3/30 day notice. 3-days to my landlord (previous owner) or 30 days to tenant. I informed the bank who I was three times. Once in writing, twice face to face with someone, twice with phone calls. At thirty days bank filed default judgment on my landlord and all subtenants. Can I file for vacation of judgment? They filed two days ago.
2 Answers from Attorneys
Re: Vacation of default judgment unlawful detainer
Yes, the sooner you do it the better, but do it no later than six months from judgment. But it should be done NOW.
Joel Selik
800-894-2889
www.4thelaw.com
Re: Vacation of default judgment unlawful detainer
You might also want to know there is a law making so-called 'rent skimming' illegal and sometimes criminal. It is defined to include, among other things, accepting rent or security deposits from a tenant for property you don't own or have a legal agency arrangement to manage on behalf of the owner (or other person with the right of possession). See Civil Code sections 890 - 894, especially 890(a)(2). If you have lost money because of a scam you might be entitled to restitution from a victims' fund as well as damages from the scamster.
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