Archives by Tag ' Unlawful Detainer '
Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall will discuss today two seminal unlawful detainer (UD) cases, in which respectively in each case the lower Court there found per usual for the institutional UD Plaintiff against the ‘former’ homeowner who was foreclosed on by […]
For those who are willing to do the work, events after the “sale” of the foreclosed property will probably reveal the puppets and at least point to the puppet-masters. As you investigate each named party leads to a dead end without any legal entity who is responsible for the actions taken. I have a client […]
All contrary arguments are erroneous since they would insert a contingency where the statute contains no room for any contingency. The language of the statute bars any such contingency when it says that the TILA Rescission is effective upon delivery, by operation of law. If anyone wants the statute to say or mean anything different […]
Homeowners seem to have more options than they think in an unlawful detainer action based upon my analysis. It is the first time in a nonjudicial foreclosure where the foreclosing party is actually making assertions and representations against which the homeowner may defend. The deciding factor is what to do at trial. And the answer, […]
Lenders who foreclose and take ownership of security property via credit bid at the foreclosure sale often confront a tenant whose lease has been extinguished, but who would rather not vacate the property. Just how quickly can the lender serve a notice to quit and start the eviction ball rolling? A recent decision from California’s […]
“Because I said so” or “because I already did it” is not a recognizable legal ground for possession of property even after the forced sale of the property. In an action for possession of property, the taker must establish that it is the legal owner and that the ownership was obtained lawfully and properly. The […]
For more information or assistance please call 520-405-1688 or 954-494-6000 —————————— see http://www.kcsg.com/view/full_story/25831345/article-Utah-Homeowner-Wins-Lawsuit-Against-Bank-of-America-in-Illegal-Foreclosure-Action?instance=more_local_news1 see Judges Order at This case shows how Recontrust — an entity created and controlled by Bank of America — goes down in flames AFTER the sale of the property. The Judge found that Reconstrust was not a proper “substitute trustee” and […]
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE factual issues for Unlawful Detainer case NFG 7-15-11 Various states have two levels of jurisdiction that make it difficult to raise the proper issues in eviction even if there has been no preceding judicial action or if the preceding judicial action has been […]
Thank you June Reyno and Poppa Koppa for this Post There is a myth going around that once the eviction and unlawful detainer are completed, and after the Sheriff has thrown you out of your own home, there is nothing else you can besides try to rent the property. Not So! There are numerous ways […]
First of all you have non-judicial and judicial foreclosure states. Non-judicial basically means that instead of signing a conventional mortgage and note, you signed a document that says you give up your right to a judicial proceeding. So the pretender lender or lender simply instructs the Trustee to sell the property, giving you some notice. […]
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