Legal Process

At a foreclosure sale, title to property is conveyed to the new owner through a Trustees Deed upon Sale. Title may be acquired by the bank (REO), or by a third-party (investor or other individual/entity). As with any conveyance of real property, the Trustees Deed must be recorded in the county records and title to the property is not "perfected" until the Trustees Deed is recorded.

Prior to initiating an unlawful detainer action, and usually within days of a foreclosure, the bank, through its real estate agent assigned to market and sell the property, will most likely offer a very small sum of money to the homeowner on the condition that the homeowner agrees to voluntarily vacate the property within a set time. The amount of money offered and the timeline to vacate vary, but the reason for the cash offer is universal, it costs the new owner or bank less money than bringing a legal action to evict the homeowner.
It is good you know that the new owner has the lawful authority to file an eviction lawsuit, known as an Unlawful Detainer. In cases where the new owner had issued you with a notice before and you failed to comply with it. There are quite a few kinds of notices that your landlord can issue you with, these can be of (3-days, 30-days, 60-days or 90-days) regarding the terms and conditions he/she agreed to.
An unlawful detainer lawsuit is a "summary" court procedure. This means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. For example, in most cases, the tenant has only Five Days to file a written response to the lawsuit after being served with a copy of the landlord's summons and complaint. Normally, a judge will hear and decide the case within 20 days after the tenant or the landlord files a request to set the case for trial.
An Unlawful Detainer complaint is required in most states, is not necessary to be served in person to the person who is being sued, however there are few cautions to this regulation. Normally, the process server (the person who is serving the complaint) arrives at the premises of the tenant that is being supposed to be evicted, will inquire for the defendant’s name. If he finds the defendants whose name is at the lawsuit is not at home, he may leave the complaint with an adult who also lives at the property. This is known as the substitute service. Or the new owner may get a motion to Post and Mail from the court, which involves posting a copy of the Unlawful Detainer on the door and in the mailbox.
In an Unlawful Detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move.

If the court decides in favor of the new owner or bank, the court will issue a Writ of Possession. The Writ of Possession orders the sheriff to remove the ex-homeowner or tenant from the rental unit, but gives the ex-homeowner five days from the date that the writ is served to leave voluntarily. If the ex-homeowner does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the whomever is in the home out, and seize (take) the ex-homeowners belongings that have been left in the home.
With Gregory & Gregory there are plenty of strategies that you can look forward to when it comes to Foreclosure Eviction. Primarily, it is essential you hire a knowledgeable foreclosure expert that will assist you to have much more time. With this, you definitely can manage to delay the likely eviction. This is why you need to seek services from Gregory & Gregory, where you get a skilled expert to help navigate this complex situation, all of the paperwork will be done for you without you having to appear in court.


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Gregory & Gregory

14482 Beach Blvd. Ste. O,

Westminster, CA 92683

Phone. 877-385-1655