From a previous post today, with requested info. . I never was served in any way ever. Trustee Sale 12/20. Owner rec'd 3 day on frt dr 12/27, then handed another one in person from new owner's realtor 1/10. Summons filed 1/19, put on frt dr. No one personally rec'd, order to Post and Mail granted, filed 1/30 mailed 1/31, owner rec'd cert mail 2/1. (included Rt to Poss) Owner filed Demurrer 2/15, hearing set for 3/21. I filed Right to Possession 2/21. Owner rec'd ex parte in mailbox 2/22 for hearing 2/22, too late to appear (it said mailed 2/16) envelope had stamp but NO postmark. Demurrer overuled trial date 2/29. (in owner's name only) I filed Mot to Quash 2/27, hearing 3/7. Ownr filed ans/req for jury 2/28, didn't think trial still 2/29, he didn't show. Cont'd add'l info:3/2 I filed Removal w Fed ct, Removal/Stay w State ct,Quash hrng 3/7 now off clndr. Rec'd Standing Order frm Fed Judge 3/8. 3/13 Mot to Vacate by 3/20 on frt dr. I filed ex prte 3/14,Sty of Exec/Mot to Vacate. 3/15 denied, new ownrs atty said I filed Rt to Poss too late (used Jan 19, not Post service date) and wasn't incl in case. So Fed ct paperwork ignored. Said renting room from owner made me subtenant, thus no rights anyway.Owner never served jdgment, went to ct got mnts from 2/29 trial. 3/7 amended, my name added to jdgment. Ownr filed BK 3/19, lockout delayed. 3/27 ownr got call frm BK atty, said BK dismissed due to clerical error, but they were correcting it. One hour later sheriff evicted us. I don't know prev owner's plans and haven't been able to reach him. Called new owner's realtor next day, I was told they were having storage units brought to property (min 30 day rntl) moving all belongings to them. Said cost of units/labor to move $800, can't even get clean clothes until that's paid.
You said: One hour later sheriff evicted us. . . . So what is your question?
Richard A. Rodgers, Esq.
200 N. Westlake Blvd. Ste 201
Westlake Village, CA 91362
As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.
I think you are not understanding what is going on in your case. It is really critical to have an attorney help in eviction cases, especially eviction after foreclosure cases because the law is complex and involves both State and Federal Law. If you have already been "evicted," that is you are no longer in possession, than you may be out of luck. I strongly suggest you discuss your situation with an eviction attorney near you as soon as possible. Delay may result in you losing any rights that you may have.
The information contained herein is general information only; is not legal advice; and should not be relied upon. If you have a pending legal matter you are advised to contact an Attorney in your particular jurisdiction for representation. The above information does not create any attorney client relationship with Phillip B. Rose or PBR LEGAL.
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