URGENT! How can I stop a wrongful writ of possession on a property I am the first position lien holder?

Asked 6 months ago - Huntington Beach, CA

I am a first position lien holder on a permanently affixed real property manufactured home on leased land. The lease is valid to 2018.

A wrongful writ of possession has been issued to the registered owner/ lease holder and the sheriff has not yet served the 5 day notice.

The writ was granted for non payments of rents without a 3 day pay or quit or any notice for that matter and I have proof of all payments actually paid and equate to over payment by the owner / lease holder.

As the lien holder I was never served nor was the previous lien holder at the time of the unlawful detainer judgment.

Representing myself and my interest in the property, how do I stop the sheriff from serving a 5 day notice and what forms should I use and how do I find them. Are they the same for the court or is the

Attorney answers (3)

  1. Frederick Prescott Hayes

    Contributor Level 11


    Lawyers agree

    Answered . After reading your question, I come to three conclusions: (1) You need immediate action; (2) The details would appear to be challenging to describe in this forum. Conclusions about what options you may or may not have will likely take a detailed review of documents and circumstances surrounding this dispute; and (3) You apparently have already lost in court, though proper procedures and service may not have occurred.

    Under these circumstances, the Avvo forum is not likely to help you. You should immediately consult with an attorney in your area.

    Answers on this site are only intended to provide general information. No attorney-client relationship is... more
  2. Anthony Marinaccio


    Contributor Level 11


    Lawyer agrees


    Answered . You need to speak to an attorney immediately. The facts are a little confusing, but you may need to go in Ex Parte in order to halt the Sheriff's lockout. You are on a very short timeline, so you should speak to an attorney sooner than later.

  3. Robert A. Stumpf

    Contributor Level 19

    Answered . I must be reading your question incorrectly, because I'm finding it difficult to understand. I hope one of my California colleagues responds to it soon,.

    This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help... more

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