Detainer Com Unlawful Foreclosure
Description
How to fill out California Landlord Tenant Eviction / Unlawful Detainer Forms Package?
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FAQ
Fide purchaser (BFP), must serve the previous homeowner with a 3-day notice to quit. If the former homeowner continues to occupy the property after this notice expires, or ?holdover,? the foreclosing entity or BFP must bring a judicial unlawful detainer action to evict.
An Unlawful Detainer is a lawsuit that is filed with the civil court. The filing fee for an unlawful detainer varies from $250 to $400 depending on the amount of damages- hiring an attorney will cost $600 to $1,000 just to get started with a notice. Uncontested Unlawful Detainer usually takes 30 days.
CCP §1161b(a) requires that nearly all tenants in foreclosed properties receive a 90-day notice before eviction commences, regardless of any relationship between the tenant and former owner. The only exception is for tenants who live in the property with the former owner.
Respond to the eviction case by filing a written response with the court very quickly. This means you're going to participate in the lawsuit and fight the eviction. Talk with your landlord and try to come up with an agreement where you can stay in your home.
You can use a Judicial Council form: The Judicial Council has a form you can use for most Unlawful Detainer cases: Form UD-100 . Download the form by clicking the form link, or get it from any court that has Unlawful Detainer cases. See the the Sample UD Complaint form packet for help filling out the form.