Post-Foreclosure Eviction or Unlawful Detainer
An unlawful detainer (UD) action filed after a foreclosure is similar to a typical unlawful detainer with a few distinct defenses that can be raised. When the person in the property is the former owner, the process is very similar.
Former owners like to raise issues about the unfairness or unlawfulness of the foreclosure itself, but unfortunately, judges rarely care about such issues in the unlawful detainer court. The reason is that the unlawful detainer process is limited to determining who is entitled to possession of the property presently. The manner in which that party came to be the owner is not something UD judges want to get into. That battle would be in another court.
Nonetheless, there are often defenses that can validly be raised for a former owner to have an opportunity to sue in Superior Court or to get more time to move in an orderly fashion. Additionally, the process can be slightly different when the lender, or beneficiary, took the property back at the foreclosure sale (no bids), as compared to a third-party purchaser who is the plaintiff in the UD action.
Landlord-Tenant and Unlawful Detainer Attorneys Serving Irvine & Orange County
A landlord-tenant or unlawful detainer matter always has a short timeline. All deadlines are shortened and so you must act quickly. At McFarlin LLP, we are skilled landlord-tenant attorneys who litigate all types of real estate matters. We understand exactly what judges are looking for in an UD case, and how to best represent our clients’ interests. Whether you are a landlord or a tenant, our real estate litigators will protect your rights, and find you the best solution available given the circumstances involved.