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  1. #1

    Join Date
    Sep 2011
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    Unlawful Detainer Judgment

    Jurisdiction / State: California

    Here's my dilemma. Back in 2010 my ex-husband and his wife were served with Unlawful Detainer paperwork, evicting them from their home. The paperwork also listed my name, as I used to be a co-owner in the home before our divorce. It went into Judgment on 08/2010. I just barely found out about the Judgment because I was reviewing my credit report. I was never served with any paperwork (i.e., the UD, Summons, or Judgment), and I had not lived at that property for over 8 years. However, I could have still been on the Deed of Trust, but not the loan paperwork.

    Am I responsible for the amount of the Judgment, and if so am I responsible for the whole amount or just a third of the amount as the Judgment was against myself, the ex, and his wife.

    Please please please help.

  2. thelawprofessor's Avatar
    Join Date
    May 2001
    New York City
    Thanked 297 Times in 278 Posts
    I'm sorry my post is so late and that we didn't realize it was up before. Unlawful Detainer actions usually refer to landlord tenant matters where the tenant holds over beyond the expiration of a lease. I haven't really seen them used in the context of an ownership issue, e.g. unpaid mortgage. If you were on the paperwork, you might have been listed just for the sake of making sure all parties in an action to evict the persons in control of the premises were listed. There could also have been John Doe and Jane Doe listed, meaning persons who are there whose names are not known at the moment but which will be added once they are known. Perhaps the ex-husband sold the property to a new owner along with a rental agreement (cash and then ability to stay.) Perhaps the ex then failed to leave beyond the lease term and an action was brought.
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