THE bank(plaintiff) has taken us to court to get possession of our property. We had 7 legal issues against the bank. One of them being that the lender that we refinanced with in 2007 went bankrupt but right before sold our loan to another bank. Neither bank recorded it in our County Recorders Office and we never new of the sell between banks. We were served a unlawful detainer from the bank for possession.Then we filed a demurrer. The bank responded and asked the Judge not to make a judgement on the demurrer Which he dismissed and gave us 2 days to respond to the bank. and the Judge it seemed didn't look at all the evidience we had against the lenders. He also said the banks didn't have to record who owned the property. So we go to court again in April. Here's my Question. Will the Judge and can he make a Judgement in court to give possession to the bank and have us locked out of our house with no time to get our stuff moved out of the house? Could we lose everything we own inside the house?
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Legal demurrer
- Thread Starter cvlolo
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fredrikklaw
Moderator
Wrong Court; Wrong Argument
Unfortunately, you were arguing your case in the wrong forum and through the wrong motion; demurrer is not the right motion to make as a defense when it comes to an Unlawful Detainer action, and your arguments about 'who sold what mortgage to what bank' was also not par for the course.
An Unlawful Detainer action is unequivocally a landlord-favoring action and there are really only three viable defenses to such a complaint; 1- Premises not fit for human habitation (slum landlord); 2- Breach of covenant of quiet enjoyment; and 3- Constructive Eviction (which is the end result of 1 & 2). Any argument outside of these three subjects and the outcome of the action is almost always forfeiture of the lease by the tenants and return of possession of the property to the landlord.
And yes; the judge can rule for the landlord allowing him repossession of his property; the judges' and commissioners' who preside over unlawful detainer actions, do in fact sit in a separate department to the rest of the court's civil division known simply as U.D. Department and their sole role is to decide landlord-tenant matters and nothing else.
But if it is any consolation, you will be given a lock-out time frame of at least 14 days before the sheriffs come knocking to force an eviction. So, you will have a lot of time to plan the move-out and you can always ask the judge for an extended lead time if two weeks are not enough. Also on the plus side, the eviction has no effect on your right to possession of your personal property therefore you will leave with every last stitch of what you own.
I wish you the best.
fredrikklaw
Unfortunately, you were arguing your case in the wrong forum and through the wrong motion; demurrer is not the right motion to make as a defense when it comes to an Unlawful Detainer action, and your arguments about 'who sold what mortgage to what bank' was also not par for the course.
An Unlawful Detainer action is unequivocally a landlord-favoring action and there are really only three viable defenses to such a complaint; 1- Premises not fit for human habitation (slum landlord); 2- Breach of covenant of quiet enjoyment; and 3- Constructive Eviction (which is the end result of 1 & 2). Any argument outside of these three subjects and the outcome of the action is almost always forfeiture of the lease by the tenants and return of possession of the property to the landlord.
And yes; the judge can rule for the landlord allowing him repossession of his property; the judges' and commissioners' who preside over unlawful detainer actions, do in fact sit in a separate department to the rest of the court's civil division known simply as U.D. Department and their sole role is to decide landlord-tenant matters and nothing else.
But if it is any consolation, you will be given a lock-out time frame of at least 14 days before the sheriffs come knocking to force an eviction. So, you will have a lot of time to plan the move-out and you can always ask the judge for an extended lead time if two weeks are not enough. Also on the plus side, the eviction has no effect on your right to possession of your personal property therefore you will leave with every last stitch of what you own.
I wish you the best.
fredrikklaw
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