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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33716
Experience:  15 years real estate, Realtor. Landlord 26 years
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I searched from the Santa Clara Clerk Recorder county about

Customer Question

I searched from the Santa Clara Clerk Recorder county about the status of my property in san jose because on June 9, I got summons of being evicted ( unlawful detainer ) for my own owner occupied home. It shows this:
Search Results for: *******
Document
Number Document
Date Pages Document
Description
First Grantor/Grantee
(R=Grantor E=Grantee)
22972092 06/02/2015 2 CANCELLATION CHANDLER, CAROLINA G (E)
CHANDLER, ***** ***** (E)
And when I ordered a copy to read , it says Rescission of Notice of Default and Election to Sell under Deed of Trust.
What does that mean? Does it mean the title is still under my name? And they the lender made a mistake of selling it to Saratoga Investment Corp who has gave us eviction letter?
Will I reply to the summon? I only have Monday , last day to file the response. Please let me know my rights as home owner occupied property in San Jose, CA 95123.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call + Review Legal Documents. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If the property went up for sale and was sold May 8, then the new owner would have the right to serve you with a 5 day notice to vacate once they got the deed in their name and then pursue a formal eviction action, called an unlawful detainer, once the notice period expires.
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If a postponement was granted June 8, but the property already sold May 8, then the sale would already be over so the postponement would be moot. You would have had to have gotten the sale set aside after it occurred May 8 or had it postponed prior to the actual sale in order to prevent the new owner from evicting you.
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But if you got a summons for an unlawful detainer on June 9, then you need to show up to court and ask the judge to order them to show the judge that they have a deed in their name from the foreclosing bank. If you don't show up and contest it, they will win by default and get a writ to have the sheriff evict you, even if they aren't the legal owner because no one will have challenged them.
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If they can't prove that they are now the legal title owner of the property, then they have no right to evict you.
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thanks
Barrister
Customer: replied 1 year ago.
Could you help me file an answer? Do I have time to answer or do I just show up on MOnday or tomorrow?
Customer: replied 1 year ago.
Could I ask for motion to give me time to answer?
Customer: replied 1 year ago.
What is the meaning of the Rescission which is noted in the clerk recorder's office. Rescission of Notice of Default and Election to sell?
Expert:  Barrister replied 1 year ago.
Unfortunately I am not allowed to draft legal documents for customers as that would require a local attorney to assist or you could do so on your own. I could take a peek at your answer and maybe make a couple suggestions, but I couldn't take part in drafting it under my independent contractor agreement with JustAnswer.
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But you would have 5 days after the date you received the summons to file the answer. So if you got it on the 9th, you have until the 14th to file it. If the court is not open on Sunday for filing, then the deadline rolls over to Monday.
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This is what the CA Court website says: You have five days to file your Unlawful Detainer Answer. You count the first day as the day after you were served the complaint. If the fifth day falls on a Court holiday or weekend, you have until the following day to file. (example, If you were served on Monday the 5th day is the next Monday because day 5 falls on a Saturday)
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So you can still file your Answer on Monday.
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The form you need to file is UD-105 and you can find it here:
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http://www.courts.ca.gov/documents/ud105.pdf
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thanks
Barrister
Customer: replied 1 year ago.
Thank you so much, After I fill this out, could you check it and how do I file it? Do I mail it via UPS or Fed ex?
Customer: replied 1 year ago.
Could you please let me know about the Rescission document - where it says that on June 2, that property had Cancellation.
and when I opened it , it says Rescission of Notice of Default or Election to Sell? or does this fall under another question.
Expert:  Barrister replied 1 year ago.
""What is the meaning of the Rescission which is noted in the clerk recorder's office. Rescission of Notice of Default and Election to sell?""
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A plain reading would lead me to believe that means that the lender recalled and voided their notice of default and notice that they were going to sell.
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But that kind of goes against logic because if the property was sold May 8, then they would be too late to rescind the notice of default..
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And you need to actually take it down to the local court that issued the summons and file it personally with the clerk to make sure it gets filed and it doesn't get lost or late and then they get a default judgment against you for a late filing.
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thanks
Barrister
Customer: replied 1 year ago.
I will fill this out and would you be able to check it for me before I go to the court on Monday?
Customer: replied 1 year ago.
Could you interpret the summons for me? They did not check that they are owners.
Expert:  Barrister replied 1 year ago.
Sure, if you can scan and upload it to the site, I can take a look when you are done.
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As for the summons, if they didn't check that they are the owners, and they don't have legal authority to act as the agent of whoever the owner is now, that could give you grounds to move to dismiss the case since they wouldn't have standing to pursue an eviction if they aren't the owner or agent of the owner.
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thanks
Barrister
Customer: replied 1 year ago.
Will I need additional minutes. It will take me time to upload. I will upload the picture of the part that they did not sign that they are owners. Which should i do first? Go to court and submit reply and show Rescission note? Or should I file a case to dismiss same day as I give it personally to the court?
Expert:  Barrister replied 1 year ago.
You can always just post another question with "For Barrister" in the caption and the JustAnswer employees will get it to me. I will be online for a few more hours and then throughout the day tomorrow and Sunday.
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But you need to focus on filing the Answer first to protect your rights. Then the day of any actual hearing, you can ask the judge to force them to prove that they own it or have authority to act and if not, that he dismiss the case.
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You can then show the rescission notation as part of your verbal request to the judge to ask them to prove they are the owners.
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I would also suggest you put something in your Answer stating that you are disputing that they are the legal owners or have authority to act on behalf of the legal owners.
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thanks
Barrister
Customer: replied 1 year ago.
I will be uploading the reply shortly. thank you
Expert:  Barrister replied 1 year ago.
You are welcome. If I don't get right back with you, it means that I am working with other customers. But rest assured, I will be back with you as quickly as possible..
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thanks
Barrister
Customer: replied 1 year ago.
Please check and where do I say that I have the copy of Rescission of the Notice of Default?
Customer: replied 1 year ago.
How do I file case to dismiss?
Expert:  Barrister replied 1 year ago.
You uploaded a resume..
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And you can make an oral motion to dismiss at any hearing if they can't prove that they own the house or are agent for the owner.
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thanks
Barrister
Customer: replied 1 year ago.
oops sorry
Customer: replied 1 year ago.
It says I need to have the MC-025 to explain more?
Expert:  Barrister replied 1 year ago.
http://www.courts.ca.gov/documents/mc025.pdf
Link to MC-025
And yes, that is the proper UD-105 Answer form.
thanks
Barrister
Customer: replied 1 year ago.
Please see my MC-025 filled out form. Thank you
Customer: replied 1 year ago.
Which form will i use to file to dismiss the case? Thank you
Customer: replied 1 year ago.
It says in the summons that a written response should have a copy served on the plaintiff. What does that mean,. I am sending all the summons documents shortly
Expert:  Barrister replied 1 year ago.
Unfortunately, it is only coming through as a blank form. You will likely have to print it out and scan it in as a PDF form so that it will show anything you have written on it..
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On the Answer form, under 5. Defendant Requests, you are already asking for the case to be dismissed.
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thanks
Barrister
Customer: replied 1 year ago.
my statements in the MC-025 form are:I would like to challenge them to show proof that the Property Title of***** San Jose, CA 95123 is under their name. I have a copy here of the property title under my name.In Page 1 of UD-100 form #4 , they did not check that they are the owners as they are Not the owners of this property.False Statement: In the 3-day Notice to Quit, they said that property sold at foreclosure sale on October 5, 2010 which is Not true as we were never on default on payments as proven our ITR 2010.On June 2, Cancellation was granted on this property and I am still the Grantee of the property. I have here the note which is the rescission of NOtice of Default and Election to Sell.Are these statements ok to add to my reply to summons which I am going to personally deliver on Monday Attorney? Thank you
Expert:  Barrister replied 1 year ago.
Yes, you just need to get the point across of what you are trying to convey. It doesn't have to be done in "legalease" as long as the judge can understand what you are claiming.
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I would also attach a copy of the rescission notice to the MC-025 and file that along with the Answer.
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Then the judge will have a good idea of what is going on here and can ask the plaintiff to prove their legal standing at the start of the hearing before anything goes any further. If they can't, then the case gets dismissed.
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thanks
Barrister
Customer: replied 1 year ago.
Hello Attorney,
I have here the draft of my response. 3 pages. I am not sure which to check on UD-105 # ***** which says Check only one.
How should I check?
Also, ***** *****dler is no longer living with me since we got Divorced on 2012. Will they look for his signature? I do not know where he lives and where to find him.
Customer: replied 1 year ago.
Do I need to have them notarized? Should I just hand them over and let them stamped received? Thank you
Customer: replied 1 year ago.
Hello Attorney,
I have been trying to send you my 29 pages summons that includes all their notice to quit and other duplicated documents but with no success. The uploading file is only 5 MB. Is there any other way I can send zip files? or could I send them via e-mail?
the Summons reply does not scan the text. I hope you can see everything. If not, I have taken pictures of them and ok to send via iphone pictures? Thank you
Expert:  Barrister replied 1 year ago.
I am sorry, but reviewing extensive legal documents for customers is really beyond the scope of the services I can provide. With that said, I will opt out and open the question up to other experts who might be able to assist further.
No need to reply as it will only lock the question to me and prevent other experts from assisting.
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thanks
Barrister
Customer: replied 1 year ago.
Could you still answer my question on my response to summons? Will I check the first or second box of the first page of UD 105?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Review Legal Documents + Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I was trying to rate you 5 star, but it went to another lawyer. Where can I rate you?

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