Unlawful Detainers

Posted Thursday, 15 October 2009 By Pat

I have been hearing for months that the Courts were simply funneling Unlawful Detainer's through the system like a factory line. Plaintiff presents the case. Defendent tries to argue and the Court claims the action is solely about Possession and Title Claims cannot be presented.

I saw this first hand yesterday. And that was exactly what happened.

Attorneys, if you are faced with an Unlawful Detainer, the most successful attorneys are filing motions to consolidate the UD with Complaints and Actions already in the Court.

This results in a much better chance of staving off the UD.

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Unlawful Detainer Postponed

Posted Friday, 23 October 2009 By Pat

Great News

Attorney George Taggart in Sacramento had an Unlawful Detainer hearing yesterday for a client I did an audit for. The judge did "entertain" other arguments that just possession of the property. Issues that I had found regarding the Substitution of Trustee and the Assignment of Beneficiary, or lack of, was presented to the court. The judge postponed the UD for 60 days, so that the lender could find the "missing" Assignment of Beneficiary. The Assignment goes right to the heart of Legal Standing in this case.

What will be interesting to watch is when they "find" the missing Assignment. I know for a fact that most of these Assignments are signed and recorded long after they should have been executed. In fact, they are usually invalid, if one knows how to argue the issue. When it is found, it shall be fun to review it, because I can almost always show that they are fraudulent.

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