Listen to This! 6PM EDT — Trial Practice in Unlawful Detainer Actions

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with Charles Marshall

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Once the sale has occurred, the trustee on the deed of trust issues a deed to either the party who initiated the foreclosure process or to a third party bidder. Then the “winner” of the bidding process takes the deed to land registry and records it. Then if the homeowner is still residing in the property the “new owner” files an unlawful detainer action in order to gain possession.

That is the process in nonjudicial states. What many fail to realize is that the unlawful detainer lawsuit is the first time that the attorneys representing the “claimant” have been required to allege and prove a claim. So it is the first time that the homeowner can actually defend against false allegations.

The unlawful detainer action is simple — if the claimant has “perfected title” then he is entitled to possession. But can a claimant perfect title when the claimant was not the owner of the debt? Can a “credit bid” be accepted from someone who is not a beneficiary under a deed of trust as defined by state statute?

Today’s Show will cover the following topics, all related to unlawful detainer lawsuits following a non-judicial foreclosure sale:

– Issuing written discovery on the UD Plaintiff when that Plaintiff is the so-called Beneficiary of the ‘loan’, not a Third-Party purchaser;

– Issuing discovery on the UD Plaintiff when that Plaintiff is a Third-Party purchaser;

– Responding to discovery from either a ‘Beneficiary’ or a Third-Party Purchaser;

– Trends in Negotiating final settlements  and Move-outs from Subject Properties following a non-judicial foreclosure Sale, covering both the situation which applies when the UD Plaintiff is a ‘Beneficiary’, and when the Plaintiff is a Third-Party Purchaser.

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