I am a Landlord that filed for an Unlawful Detainer in California, a few weeks ago.1. The tenant did not pay for Rent,2. I issue a 3 day notice to Pay Rent or Quit. Certified mail. No personal Service done, my mistake.3. I submitted the Unlawful Detainer two (2) weeks after the 3 day notice was issued, and personal served the tenant (s).4. The tenant's attorney submitted a Motion to Quash my 3 day notice due to no personal service provided.5. The Court granted the motion but said the Court Case with the Unlawful Detainer will stand and continue on this Monday,6. The Judge ordered that another 3 day notice be served. I did by personal service, and included all copies again, Unlawful Detainer, Summons, etc...Allegations why the Tenant did not pay the rent;a. They claimed the property was no longer mind, due to a foreclosure proceeding. I had a Default pending a LOAN MODIFICATION Process. NOT a foreclosure.b. They claimed the property had been sold. Question:How can I Prepare
State/Country relating to question: California
I appeared in court and presented how the tenant were served. the judge grated the motion to quash the service issue but we were ordered to return this Monday.
I need to know how to prepare the case and present it against their allegations on the grounds of the foreclosure issue.
I've got all my documents in order but feel reluctant to present my Loan Mod papers because this is not about my Loan.
It is about the tenant not paying rent therefore a breach of one year lease contract.
Please provide your best advise. Court on Monday 4/19/10@9AM
It is easy to prove that a foreclosure has not occurred. You can have the lender write a letter to this effect or produce a title certificate from an abstractor or attorney showing that you are still the title holder of the property.
You own the property until it is sold at foreclosure and have the right to collect rent until then as well.
I would like to know how to prepare the documentation and step by step procedure;Ex; opening statement, what should be stated first, second, etc...Also, how to rebuttal their questions on this matter,
Here is a link that outlines the trial process: http://www.alameda.courts.ca.gov/courts/jury/procedure.shtml
Your best rebuttal is with proof that you own the house and haven't been foreclosed on.
Is there a way to present all my documentation to the Judge?I realize I will have to make a convincing statement such as Tenant paid rent on the first month of the contract but refuse to pay rent on the third due to reasons mentioned....is this good enough start? Then, speak about the Lease Contract, copy of the first month's rent, etc...
Yes, you can introduce any document you can qualify as an exhibit. In order to qualify it, you must be able to identify the document and have personal knowledge of its content. This will generally require that you were a party to the agreement.
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