Legal Question in Real Estate Law in California

Re: writ of execution filed 3/18/08

I suppose the writ of execution followed upon an unlawful detainer case brought after the bank bought the leased property at the trustee's sale, and that the complaints you speak of were the summons and complaint to kick off the UD case. If all this is reasonably accurate, the case may boil down to whether you were properly served or not. If you were not properly served, get a local lawyer right away.

If you were properly served, the 2nd t.d. holder's bankruptcy might also be a lever by which to stop the eviction, but you'll have to act fast. I must however admit that I don't know off the top of my head whether the BK of the second prevents the 1st from foreclosing; it certainly has an effect on the 2nd because the 2nd loses his collateral but I would have to research whether the BK automatic stay protects this kind of interest - I kinda think it does but if I were answering this at noon instead of past midnight I'd do some research.

Re: writ of execution filed 3/18/08

I don't understand but you can call me to discuss if you want. One can always go to court to get a stay of execution pending the possibility of litigating the issues, but, whether that makes sense, etc. is another question. Call and we'll have a brief discussion.