Unlawful Detainer

Strategically Working to Keep You in Your Home

Many homeowners and tenants refuse to give up their homes willingly after foreclosure, especially when the foreclosure was wrongful or unjust. Refusal to leave often makes sense, since a lender cannot take the property away from the resident without going through the legal process of eviction. Our honest and tenacious attorneys and dedicated staff help homeowners and tenants fight an eviction. 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 or tenant from a foreclosed home, by law a lender or other party must first serve the resident with a Notice to Quit. Improper service of the notice or later service of the summons and complaint may be a defense to the lawsuit, even if it is only a temporary solution.

If the resident 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 resident, the defendant, is being sued. Because an unlawful detainer lawsuit is a summary court procedure, the case moves very quickly. The resident usually has only five days to file an answer and serve it on the lender or other plaintiffs. The resident must file a written response within the deadline or face the possibility of losing the home and owing money damages for rent and court costs. The resident has only one chance to file this written response, making it necessary to draft a clear, concise and legally appropriate response.

Once the resident 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 both sides to present evidence. If you are facing eviction, you need highly qualified foreclosure lawyers with reliable litigation experience to help you present a precise legal and factual argument to the court, before the court decides if you will be evicted from your home. 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 such as oral depositions, written interrogatories, analysis of pertinent loan documents and request for admission of evidence, we help you build your case.

In some cases, a homeowner or tenant 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 decades of experience, our honest and attentive attorneys and staff at Advocate Legal guide homeowners and tenants through the complex process of eviction with the goal of keeping them in their homes for as long as possible.