Balancing the Scales of Justice for Pro Se Homeowners

Unlawful Detainer

Unlawful Detainer

Overview of the Unlawful Detainer 

 

 

Screen Shot 2015-11-06 at 5.57.57 PMThis is known as the "last stand" for homeowners, but as attorneys like Joe De Clue,  Chris Gardas, Elite Litigation Support, Bruce Guttman and support sites like Info  To Fight Foreclosure are finding - this is an area of law that is heating up with a  fierce fight.   Homeowners, weary from the modification hell are typically faced with a lazy commissioner or judge who simply doesn't want to bother with the law.  Banks, taking advantage of  this area of the law that amazingly, is not understood well, are no longer defeating homeowners as easily as they once did.   This portion of our section is specifically designed to help educate attorneys and homeowners about Unlawful Detainer laws.  

 

 

Fighting the Unlawful Detainer

(Reader Membership Required)

Screen Shot 2015-11-06 at 6.02.57 PMWhen you receive notice of the Unlawful Detainer (either from the Court telling you a UD has been filed; or a complaint is served on you) you then need to make a few decisions.  Do you want to fight the UD because you are fighting the bank and know the foreclosure was wrongful? Do you want to fight the UD to buy time? Are  you a bona fide tenant with a lease or rental agreement?

If you simply want a little more time, 30 to 60 days, then the BEST thing you can do is call the new owner and negotiate a move out date with them. They may offer you cash for keys, or they may ask you to pay some rent. But a call to the new owner may be the easiest, simplest way to buy yourself more time.  This does not have to be contentious unless you decide you want it to be.  (well also assuming the new owners are as anxious to get you out as soon as possible).   The key is to call them and have a discussion.  If you are bona fide tenant (not related to the prior property owner) and have a valid rental agreement, then fax the agreement to the new property owner or their attorney.  This should start a productive discussion; you should only have to pay them rent from their official notice (with proof) of when they purchased the property.  (See Tenants Tab)

If you are homeowner and believe the foreclosure was wrongful, then dig in. The battle begins. 

 

Tools for Fighting an Unlawful Detainer 

(Pro Se Members Only!)

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Dig in to this collection of Unlawful Detainer tools, including our California Homeowners Fighting and Beating Unlawful Detainers (2012); Sample motions and pleadings, trial notebook, and cases  where homeowners won on  appeal.

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