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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10220
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I just received a unlawfull detainer how do I respond

Customer Question

I just received a unlawfull detainer how do I respond I'm not renting I own the property I've been paying property tax for the past 4 years it's in my name the property is payed for I have the title recorder said it was mine the accesers office said it was mine and county clerk I can't believe someone can file that with no proof of ownership
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

Thank you for using the forum. My name is ***** ***** I hope to assist you with this matter.

This is an unusual matter, but you still must work through the UD procedure (the CA Courts give you a good overview of the process that you are working in, obviously the defense that you are going to use is simply that you own the property and bring in the evidence of ownership (title to the property)).

However, given the fact that someone is attempting to attack your ownership of your home, I would recommend retaining an attorney to represent you (you can have your attorney demand costs and fees against this person (even though they really aren't allowed by statute, you can usually get these if you make a demand based on frivolous filings - a judge isn't going to be pleased someone is filing UDs on someone else's property).

If someone is making a real demand against your property, be aware the next step may be what is called a "Quiet title" suit, which is a much more complex civil procedure matter, so hiring an attorney now may be a worthwhile investment (come out of the gate aggressively).

You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).

Customer: replied 4 months ago.
Can they still file a quiet title suit even if the House was a foreclosure sold on the steps of the county courthouse I bought it from who bought it at auction
Expert:  CalAttorney2 replied 4 months ago.

They can file the suit (a quiet title action is brought by someone who believes that they have a claim to title to the property that is superior to someone else's).

But remember, filing suit and actually winning are two very different things.

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