IM A TENANT& MY LANLORD WAS FORECLOSED ON AND IM BEING EVICTED WHEN THEY GET A JUDGEMENT CAN I DO A ex-parte-application-for

Asked almost 2 years ago - Sun City, CA

-stay-of-judgment-or-unlawful-detainer3-
NOTICE IS HEREBY GIVEN that on _________, 2008, at ___ a.m. in Department ___ of the Superior Court of California, County of Los Angeles located at _________, California 9, Defendant _________ will move the above-entitled court for an Order staying enforcement of the Judgment.
Good cause exists for making the application for two reasons, (1) Defendant has filed a meritorious appeal of the judgment for possession, (2) Defendant _________ has filed a civil action against Plaintiff____________. in Los Angeles Superior Court Case No. _________, as well as, Defendants ______________________ challenging the legality of the non-judicial foreclosure by said Defendants. Additionally, Defendant _________ is prepared to pay a monthly rental value pending The Ex Parte Application will be based upon this Application, the Memorandum of Points and Authorities, the Certification of Notice of Ex Parte Application, the Declaration of _________ and other and further oral and documentary evidence to be adduced at the hearing of this Application.
Dated:


By _____________________________

Additional information

WHEN THE BANK TOOK BACK THE PROPERTY THEY HAD THEIR REO BROKER COME AND GIVE ME A LETTER STATING THEY WERE THE NEW OWNERS AND I HAD THREE OPTIONS EITHER RENT THE PROPERTY ,TAKE CASH FOR KEYS OR PURCHASE THE SAID PROPERTY. SO I MADE AN APPT WITH THE BROKER TO DO A PURCHASE AGREEMENT, I ALREADY HAD A PROOF OF FUNDS FROM A LENDER. BEFORE I COULD MEET W ITH HIM THE BANK FILED A NOTICE TO VACATE THE PROPERTY AND THEY LISTED IT AT A RIDICULOUS PRICE. THEN THEY FILED AN UNLAWFUL DETAINER. I'M REALLY THINKING IF THEY HAVE LEGAL TITLE TO THE PROPERTY. THIS LOAN WAS MADE BY DOWNEY SAVINGS AND WE NO WHAT HAPPENED TO THEM. PLUS THEY DON'T HAVE A TITLE POLICY ONLY A COUNTY RECORDING THAT SAYS THEY DO.ANYBODY CAN RECORD A DOCUMENT. THERE'S SUSPICITIOUS QUESTIONS HERE.

Attorney answers (2)

  1. William Stanley Fitch

    Contributor Level 16

    Answered . I agree. You state you are a tenant. You are therefore entitled to a 90 day notice to terminate tenancy before the bank can move forward. If they have already filed the eviction and 90 days have not passed, you will have a complete defense to the unlawful detainer action. What the bank will usually do is file a complaint against the former owner, along with a prejudgment claim of right to possession. Fill out the prejudgment claim and file an answer. Appear at court with a copy of your rental agreement and some manner of proof of your residency, like a driver's license. Unless the Judge phones it in, judgment will enter in your favor.

    Now with that said, from the document you have produced it appears that judgment may have already entered. If that is the case, SEEK LEGAL ADVICE IMMEDIATELY from someone who does this for a living.

    A proper response would require a thorough investigation into the history and background of this relationship.... more
  2. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Were you aware of the Protecting Tenants at Foreclosure Act--it may apply to your situation.
    http://www.occ.treas.gov/publications/publicati...

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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