Legal Question in Real Estate Law in California

Received an Unlawful Detainer Eviction Summons. Am living in a foreclosed property. I am in the process of buying said property. What do I do? Will the Sheriff come to kick me out?


Asked on 11/11/09, 3:54 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Make sure to file your answer or other response with the court within 5 days after receipt of the summons and complaint. Then you will be in a better position to negotiate with the bank and its attorneys. The sheriff won't come unless there's a judgment against you.

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Answered on 11/16/09, 4:43 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you are in the process of buying the property, then you are also (probably) in the process of acquiring the legal right to be in possession of the property. Once you have bought the property, the lawsuit becomes moot because, whether your are unlawfully detaining the property now, you won't be after the closing of your purchase.

I must wonder, under the facts you've shared, who the heck would be bringing a UD suit against you? How did you come into possession in the first place? As a tenant? Former owner?

I'd make sure the party bringing the UD suit is made fully aware of the status of your purchase. Pursuing this suit is costing them money, and if it is going to be rendered moot in a couple of weeks because you become the party entitled to possession through purchase, the plaintiff ought to be made aware of this.

Meanwhile, you need also to defend against the suit.

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Answered on 11/16/09, 11:23 pm


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