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Eviction


California foreclosures are usually non-judicial. Because no judicial action is required for foreclosure, the eviction process is a separate action which requires the filing of a lawsuit for possession of the property. Best Alliance routinely handles eviction related matters for banks, lenders, individuals and associations after foreclosure.

California law permits an owner occupied unit to be served with a 3 Day Notice to Quit. In the event that such unit is occupied by someone other than the Trustor, a 30 Day Notice to Quit is required.

Once served, such notice must expire before the commencement of any action in Unlawful Detainer. Once an Unlawful Detainer is filed, it must be served on the defendant/tenant. If personal service is available, such defendant has 5 days within which to respond to the complaint. If not able to serve personally, an order to post and mail such complaint must be obtained from the court. Such post and mail service will add a minimum of 15 days to the response period.

Once served, the matter can take two courses. One, being where the defendant does not respond to the complaint. In such an event, a default is requested and a judgment for possession should be available within 10 days of such default. Such judgment is than forwarded to the County Sheriff for execution.

If the Defendant does answer the complaint, a trial request is forwarded to the court and the trial in the action is ordinarily set within 20 days of such request. Once judgment is entered by the court, such judgment is forwarded, in a form of a Writ of Possession, to the Sheriff for execution.

Thus, an eviction that does not involve any delay tactics by the defendant should be completed within 30 to 40 days after the expiration of the Notice To Quit.

As indicated above, once a judgment for possession is obtained, it must be forwarded to the County Sheriff for execution. The Sheriff could take approximately three weeks to actually conduct the lock-out. Adding such additional time to the time necessary for an unlawful detainer action, an Unlawful Detainer action in which the defendant does not use any delay tactics takes approximately one and a half to two months to complete.

Unfortunately, however, the law does afford the defendant a number of different opportunities by which to delay the eviction process. Various motions can be filed by the defendant before the actual answer to the complaint. Each such motion will add an additional week to 10 days to the eviction. After judgment, an Arrieta claim may be filed. Such claim will add an additional week to 10 days. And, of course, there is always the possibility of a bankruptcy filing. In the event of a bankruptcy filing, if filed prior to judgment, a minimum of 40 days must be added to the eviction time. 

If filed after judgment, some judges will permit an expedited hearing. In such an event, approximately 3 weeks need to be added. Judges differ in their approach. As to a judge who does not permit an expedited filing, 40 days would be an appropriate estimate.

In order to initiate an eviction we require your written authorization to proceed. We also should have a copy of the Trustee’s deed evidencing that a foreclosure has taken place and information as to the former owner and occupants of the property.

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