UNLAWFUL DETAINER
Strategically Working to Keep You in Your Home
Many homeowners refuse to give up their homes willingly after foreclosure, especially when they believe the foreclosure was unjust. Refusal to leave often makes sense, since a lender cannot take the property away from the former homeowner without going through the legal process of eviction which involves establishing a chain of title. Our honest and tenacious attorneys and dedicated support staff help homeowners and tenants fight an eviction and retain possession as long as possible after foreclosure. From the moment you receive a Notice to Quit or leave the home — ideally, even before the notice — we help you build a strategic defense to keep you in your home for as long as possible.
What Is an Unlawful Detainer Action?
To evict a homeowner from a foreclosed home, by law the new owner must first serve the resident with a Notice to Quit. Improper service of the notice or later improper service of the summons and complaint may be a defense to the lawsuit, even if it is only a temporary solution.
If the former owner does not vacate the premises, the new owner may file a lawsuit for eviction, known as an unlawful detainer lawsuit. Once the complaint is correctly filed, the court issues a summons, explaining that the former owner, the defendant, is being sued. Because an unlawful detainer lawsuit is a summary court procedure, the case moves very quickly with the former homeowner now treated no differently than a tenant. The defendant (homeowner) usually has only five days to file a responsive pleading and serve it on the lender or other plaintiffs. The defendant must file a written response within the deadline or face the possibility of losing possession and owing money damages for rent and court costs. The defendant has only one chance to file this written response, making it necessary to draft a clear, concise and legally appropriate response.
Once the defendant responds to the summons, the case is set for trial and heard by a judge. The unlawful detainer trial is an extremely important part of the process because it allows the homeowner to present evidence that title has not been properly transferred. Even though this evidence is rarely acknowledged by the Unlawful Detainer Court, it should be presented as grounds for an appeal. Advocate Legal can provide you with all the pleadings and workflow you need to fight your eviction without an attorney and present a good case at trial. If you follow the correct procedures, even if you lose at trial, we can even guide you through an appeal of the court’s ruling, along with a stay pending the appeal so that you can retain possession.
Advocate Legal has highly experienced eviction attorneys that can advise you on how to present a precise legal and factual argument to the court to stop you from being evicted from your home. If you choose to have an attorney represent you, our unlawful detainer attorneys can also represent you. Our attorneys leverage our extensive litigation experience and exceptional legal acumen to help you work out a strategic defense to the eviction. Through our evaluation of your case, investigation, and use of discovery procedures and analysis of pertinent title documents we can help you build your case.
In some cases, a homeowner and lender may be able to reach a settlement before the court reaches its decision. If settlement cannot be achieved and the verdict is not in your favor, you may have additional options, such as a request for an extension, relief from forfeiture due to hardship or an appeal of the judgment.
Contact Experienced Attorneys for Skilled Guidance
With over a decade of experience, our honest and attentive attorneys and staff at Advocate Legal guide homeowners through the complex process of eviction after foreclosure with the goal of keeping them in their homes for as long as possible.