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Eviction Defense

Fight Possible Eviction and Get Help from the Top Eviction Defense Lawyer

An eviction defense lawyer at First Recovery Team has significant experience helping homeowners and renters fight eviction. This is one of the common real estate issues that many tenants go through. The legal term is “Unlawful Detainer,” and if you have received a Summons & Complaint about Unlawful Detainer (UD), you must act fast or you will be locked out of your home before you know it. Get to know the nature of these cases and how an eviction defense lawyer can help you out.

Who Can Seek Help from an Eviction Defense Attorney?

1. You’re a Tenant facing eviction from your Landlord

The eviction process begins when you are served with a Notice To Quit by your landlord. Depending on the situation, you can be served with a 3/30/60 or 90-Day Notice, or oftentimes a form that combines all of these. If you are served with a 3 Day Notice to Quit or pay rent, that means you have only THREE DAYS to pay the full amount stated, move out or be sued by the new owner for UD. If you haven’t called an eviction defense attorney yet, now is definitely the time. As early as the fourth day, you will be “served” with a Summons & Complaint for Unlawful Detainer (“UD”).

In most cases, you have only FIVE DAYS to respond to the complaint, the most simple way being to draft and file an “Answer”. If you don’t respond in time, the new owner will file a request for default, and within a week you may hear a Sheriff knocking at your door to post a 5 Day Notice to Vacate. Once that happens, you’d better start packing because the next time the Sheriffs come, it will be to forcibly remove you and lock you out of your home. Once there is a judgement, it is too late to slow things down with a bankruptcy filing.

Unless you’re willing and able to move out very quickly, it’s a good idea to call an eviction defense lawyer with experience in these matters. First recovery team’s Eviction Defense plan can give you the maximum time in your home or may be able to resolve the problem to keep you there. In this UD action, we can give you more time by, depending on the circumstances, filing a Motion to Quash Service of Summons and/or a Demurrer to Complaint motion before even filing the Answer, and then possibly propound Discovery on your landlord and/or file a Motion for Summary judgement. If we prevail on certain notions, the buyer would need to start the process all over again. All these things slow down the “rush to judgement.” When the UD Trial eventually comes, our team of expert eviction defense attorney negotiates for a longer period to move out and have the record sealed so that you won’t have the eviction on your record.

Our eviction defense lawyers are also very familiar with local rent control laws, which can give you significant rights, including waver of rent and even cash payouts in certain cases. If you had requested your landlord to fix “uninhabitable” living conditions and he did not respond, we can also present a defense for the “Breach of the Warranty of Habitability”, which can lower the amount owed and in some cases result in the problems being fixed and you staying in your home. At the trial, our team of eviction defense lawyers often negotiate for a longer period to move out and have the record sealed so that you won’t have the eviction on your record. Of course, we may prevail on one of our notions, causing the landlord to start the entire process over again.

2. You’re a Foreclosed Borrower

First Recovery Team has had much success over the years helping homeowners who recently lost their home to foreclosure with the help Post-Foreclosure Eviction Defense Attorneys. If your home was sold at a foreclosure auction, you need to contact a First Recovery Team defense attorney immediately, even before you receive an eviction notice, because once you are given notice, things will move at lightning speed. If a real estate investor or other professional buyer won the bidding for your house at the foreclosure auction – and that is the strong trend these days – then you might be served with a 3 Day Notice to Quit later that same day. That means you have maximum THREE DAYS to move out or be sued by the new owner for “Unlawful Detainer.” As early as the fourth day, you will be “served” with a Summons & Complaint about “UD”. Unless you are flat broke or are ready to move out quickly, you will want to call an attorney such as First Recovery Team immediately.

In most cases, you have only FIVE DAYS to respond to the complaint, the most simple way being to draft and file an “Answer.” If you don’t respond in time, the new owner will file a request for default, and within a week you may hear a Sheriff knocking at your door to post a 5 Day Notice to Vacate. Once that happens, you’d better start packing because the next time the Sheriffs come, it will be to forcibly remove you and lock you out. Once there is a judgement, it is too late to slow things down with a bankruptcy filing. The most viable solution you have is to get an eviction defense attorney to guide you right from the beginning.

Calling our team of eviction defense attorneys could immensely increase your fighting chances to stay in your home longer or even permanently. In fact, if you contact us right away, we could file a Wrongful Foreclosure Lawsuit against your lender if the facts warrant it. In some cases, we can have the eviction action put on hold while the wrongful foreclosure or quiet title case winds its way through the court system, and sometimes we even have the foreclosure sale undone completely.

3. You’re a Tenant in a foreclosed property

It’s even more important to call an eviction real estate defense attorney like First Recovery Team if you were a tenant and your landlord lost his home to foreclosure. The California Homeowner’s Bill of Rights (“HBOR”) gives you significant rights, and in some cases we can keep you in the property until your lease expires. So for example, if you have a “bonafide” one-year fixed-term lease with nine months remaining, we can help you stay in your home for another nine months. But it is especially important in these type of case to call an attorney experienced in these matters, as the law is somewhat complex. However, we usually can tell you whether you could stay until the end of your lease during our initial consultation.

No matter which of the three categories you fall under, our team of Real Estate Southern California Attorneys have the experience and knowledge to keep you in your home for as long as possible. Of course, every situation is different and we cannot guarantee results, but if you are facing eviction, you owe it to yourself and your family to call First Recovery Team to set up a consultation.

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