Archive for the ‘Eviction/Unlawful Detainer’ Category

Friday foreclosure story: An Oakland man’s fight for his home

January 6, 2012 Leave a comment

Even after his home had been sold at auction, a 60-year-old disabled man is refusing to leave his Oakland home in which he has lived for 26 years.

KGO-TV reports that when sheriff’s deputies arrived to evict Leonard Wilson from his foreclosed home, a member of the Alliance of Californians for Community Empowerment ran interference – Tanya Dennis said she had signed a lease on the property.

Upon arrival, the deputies suggested that Dennis file a claim of right to possess the property which would delay the eviction and give Wilson enough time to compile proof that he’s been a victim of predatory lending, which he firmly believes.

Check out the segment and the full story here:


What to do if you’re served with Eviction notice

December 27, 2011 Leave a comment

While there are many reasons homeowners and tenants are evicted from their place of residence, this post will primarily provide insight on what to do if you’re served with an eviction notice after foreclosure. The eviction process is multi-fold. After the foreclosure is complete, the eviction process begins.

Given all the news about the latest Occupy Our Homes movement, we thought homeowners would be interested in knowing what their options were in this situation.

The first thing to know is that foreclosure victims cannot unceremoniously be removed from the house without being notified and given an opportunity to defend such an action in court.

3 Day Notice To Vacate

The 3 day notice to vacate is usually the first phase of the eviction process. This notice simply means that you are asked to vacate the property with no problems in three days, and no further action will be taken. If there has been no compliance by the tenant with the 3 day notice, then the Landlord can begin an unlawful detainer lawsuit “eviction.”

Unlawful Detainer

Unlawful detainer is a legal action brought by a landlord to obtain possession of the property.

We at Avid Law Center strongly recommend seeking the help of a qualified attorney who may be able to help you stay in your foreclosed home for up to six months beyond your first notice, allowing you time to find another place to live. An attorney will file answers to all legal documents filed against you to better prepare you for your trial. Another reason to seek legal council is state eviction laws vary from state to state so it’s better to have someone experienced in these issues on your side.

The Sheriff’s Order To Evict

After all the court proceedings, the last phase in the process is the Sheriffs order to evict. In most cases the sheriff will post a notice of eviction on the property, which will indicate the specific date that the locks will be changed and all property is to be removed, giving you time to make plans and leave before the Sheriff comes knocking.

What Not To Do

  • The worst thing you can do is, “nothing,” especially if you have no place to go.
  • Don’t destroy the property, because this is illegal, and in most cases you’ll be dealt with harshly.
  • Don’t accept Cash for Keys – When the new owner of the property offers you money to essentially find another place to live. Usually these offers are not enough to cover the cost of moving, let alone first and last month’s rent in an apartment so they are vary rarely worth it for the tenant.