Eviction Defense

IN GENERAL

Unlawful Detainer cases are “summary proceedings”, meaning that the litigation proceeds much faster than usual litigation. Though defendants in non-unlawful detainer lawsuits generally have 30 days to respond to a complaint upon being served with the summons and complaint (i.e. the lawsuit documentation), defendants in unlawful detainer cases have only 5 days to respond upon being served.Additionally, tenants not named as defendants have 10 days to respond to the complaint upon being served. Also, though non-unlawful detainer cases go to trial in about a year, unlawful detainer cases will generally go to trial within 2 months. This means that you must act fast in order to evaluate whether you can save your home.

Call the Harouni Law Group immediately to preserve your rights and stop eviction from your home at (310) 693-8333.

 

PRE-FORECLOSURE OWNER

If your bank unlawfully foreclosed on your home and is now attempting to evict you, fight back!
The Harouni Law Group will evaluate your case to determine whether the foreclosure of your home was conducted under proper circumstances and with adherence to strict statutory procedures. If we find irregularities, we will immediately file suit against your bank.

Thereafter, we have many options which may be used in the alternate if one is unsuccessful. For example, we may seek an injunction against the continuation of all eviction proceedings and against the sale of your home to a third party. We may also seek to consolidate the two cases such that continuation of all eviction proceedings would be restrained until determination of your lawsuit against the bank, which can take can take up to two years. We may even remove the eviction proceedings to federal court and consolidate it with your case against the bank there.

In any event, we will continue to defend you in the unlawful detainer action until trial, so as to preserve all of your rights.

Call us now for a free consultation with one of our eviction attorneys at (310) 693-8333.

 

PRE-FORECLOSURE TENANT

Pre-foreclosure tenants have rights which supersede even those of a pre-foreclosure owner. For example, once property is foreclosed upon, the new owner will post a Notice to Vacate on the door allowing a certain amount of time for the occupants of the property to vacate before filing an eviction “unlawful detainer” lawsuit against them.

The former owner of that property only has three days to vacate the property after a Notice to Vacate is posted on their door. However, former tenants of the former owner of the property are allowed 90 days to vacate the property after a Notice to Vacate is posted on the door.

Unfortunately, most post-foreclosure owners of property do not allow pre-foreclosure tenants their full 90 days to vacate before filing an eviction “unlawful detainer” lawsuit against them.

If you are a named defendant in an eviction “unlawful detainer” lawsuit, you have five days to answer the complaint. But even if you are not a named defendant, you must file a Prejudgment Claim of Right to Possession and answer the complaint within 10 days to preserve your rights.

If you are a pre-foreclosure tenant and an eviction “unlawful detainer” lawsuit has been filed against you or anyone else in the property, call the Harouni Law Group at (310) 693-8333 immediately for a case analysis.

 

LESSEES OF PROPERTY

If your bank unlawfully foreclosed on your home and is now attempting to evict you, fight back!
The Harouni Law Group will file suit against your bank and defend you in the eviction proceeding. We are oftentimes able to consolidate the two cases such that all eviction proceedings will be stayed until determination of your lawsuit against the bank, which can take from one to two years.
Even if the court will not relate or consolidate the two cases, we will continue to defend you in the unlawful detainer action.

Call us now to enforce your rights at (310) 693-8333.

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