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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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THE BANK HAS FILED A WRIT OF POSSESSION PROPERTY IN WHICH

Customer Question

THE BANK HAS FILED A WRIT OF POSSESSION FOR THE PROPERTY IN WHICH I AM A CCCUPANT/TENANT WE HAVE UNTIL THE 28th TO VACATE.THE WRIT OF POSSESSION IS FILED AGAINST THE WOMAN WHO WAS THE STRAW BUYER IN AN ILLEGAL EQUITY STRIPPING SCHEME. WHAT CAN I DO TO
OBTAIN ADDITIONAL TIME?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 2 years ago.

The proper forum to contest the equity stripping would be in the foreclosure action (either filing a civil claim contesting a trustee's sale (if it was a non-judicial foreclosure), or appearing and contesting the judicial foreclosure). But if the foreclosure has already happened (which is usually the case in this type of circumstance), and you are only dealing with the unlawful detainer/writ of possession, you can usually get a few more days (a week or two at most) by filing a motion with the court asking for a continuance based on extenuating circumstances.

If you have a viable mechanism for fighting the underlying equity stripping scheme, you may be able to file an injunction against the eviction suit at the same time, but this is much more complicated - you should have an attorney representing you in this matter (as these actions usually carry significant penalties if successful, a lot of attorneys that specialize in these types of plaintiff's suits will take the case on a contingency basis where they will represent you with no out of pocket cost in exchange for a portion of your recovery).

Contact your local bar association - most jurisdictions have legal aid to assist tenants (you are considered tenants for these purposes) in eviction proceedings and they can help you with the specifics of your case, there may be more options available to you, but the sooner you contact a local attorney (either paying one out of pocket, or getting a legal aid attorney), the more options you will have and the greater the likelihood of getting some form of continuance.