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Plaintiff claims to be the landlord but in reality he is not or neither he does he possess any legal authority.

Thousand Oaks, CA |

The house I live in is foreclosed and the original lender Bank of America has washed its hands and handed over the property to some Utah based Trust Company. The house is located in Ventura County, California. One of the tenant who left over two years ago illegally filed a "Writ of Execution for Possession of the property" without any legal rights to the property. He has never served any kind of papers before and suddenly we got served by the Sheriff to vacate the property within 5 days. WE have till May 7 to vacate. What kind of answer can I file with the court to stop this illegal action?

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Attorney answers 3


Short Answer: File an Ex Parte Motion For Stay of Execution. Also, go to the court house and look through the case file. The writ of execution served by the sheriff should have a case number. Look and see if the proper paperwork was filed. Good luck with your case.

Marcus W. Morales
Morales Law
115 W. Mission Street
Santa Barbara, CA 93101

All content posted on and is for educational purposes only and should not be relied on as legal advice. Any information conveyed to, or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.


A little longer answer: this tenant could not have obtained a writ of possession without first getting a judgment. If that is the case, you have to set aside the judgment on the grounds that you were not served with the summons and complaint. Along with your ex parte application to stay execution, you have to ask the court to shorten time on a motion to set aside. With the motion to set aside you will include your answer, which will deny the plaintiff's interest in the property, whether as landlord or buyer after foreclosure.

Trying to do it yourself may lead to a drastic error. You should consult an attorney.


Simple Answer: If you don't take any action, and if you haven't gone to court, be sure you show up and you can tell your side to the judge.

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