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I have a case for specific performance ( real estate

Customer Question
Hi, i have a...

Hi, i have a case for specific performance ( real estate purchase contract) and the opposing bank just defaulted, i filed the default. now what do I do to follow up to get the judgment (a sum certian or prove up or what?)

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has any paperwork been filed?

I filed a notice of entry of default and the clerk accepted it.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No the questions are here.....

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 1 minute by:
1/1/2018
Real Estate Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 49,596
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 8 months ago
Thanks Ray!
Real Estate Lawyer: Ray, Lawyer replied 8 months ago

If you have your judgment here is step by step toward collecting it.

http://www.courts.ca.gov/partners/documents/collecting.pdf

Can I ask did you serve the registered agent for the bank here?

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Customer reply replied 8 months ago
i filed a default notice,
i served an officer of the bank
not a registered agent
Customer reply replied 8 months ago
I had the complaint served to an officer of the local branch of the bank i am suing, that is the parent bank who just bought
and is successor to the bank i sued
Real Estate Lawyer: Ray, Lawyer replied 8 months ago

Look up the registered agent here you can send a demand for payment of judgment to that person.

https://businesssearch.sos.ca.gov/

I am asking because you are likely to have issues here if you did not serve the proper registered agent and they are a corporation.

I would look them up and try to deal with the proper agent.

Thanks and thanks for rating 5 stars.

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Real Estate Lawyer: Ray, Lawyer replied 8 months ago

Service on an officer would not likely constitute proper service, they may try to challenge the judgment.Not trying to be a negative Nancy just want you to understand why they did not respond here or appear.

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Customer reply replied 8 months ago
well i served a bank and title company, both lawyers from each defendent suraced and said they were the right person to be working with or claimed to be the attorney and asked for an extention, we gave the title company an extension, but the bank asked on the eve of xmas eve, i did not grant it and filed a default on the tuesday after xmasdoes it help that the lawyers contacted me and made written admission they were the right party to be dealing with? as far as service?the title company, i sued the one we worked with, the boss accepted it, and they passed it to the lawyer who did not contest service.
Customer reply replied 8 months ago
hello Ray are you there!
Real Estate Lawyer: Ray, Lawyer replied 8 months ago

Yes if they waived objection here you would be fine.You wold proceed to collection here.Make sure it is abstracted in your county deed records.If they own real property they will have to pay you here as it clouds their property and affects their business as well.

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Customer reply replied 8 months ago
Do I have to wait to see if the file a motion to set aside
I do not have a judgement, I filed notice of entry of default. i have to proceed to go for a judgement, is that a prove up
or judment hearing or what?
Real Estate Lawyer: Ray, Lawyer replied 8 months ago

Step by step you are about step 9 here

Step 8: File Your Documents

You must file the original document(s) and 2 photocopies you made in Step 6, along with the original

proof of service and 2 photocopies you made in Ste

p 7.

When

you file

your request for

entry of default, whether as a stand-

alone document

or along with a

request for

judgment,

Sacramento County Local Rule 2.34(c)

requires you to submit either the

original S

ummons

(SUM-

100) and

Proof of Service

(POS

-010) (if you have not yet filed those), or

filed endorsed (stamped) copies of those documents if they

were previously filed. If you do not have

filed endorsed copies of these documents, y

ou may download them from the court’s fee-

based Public

Case Access System, accessible online at

services.saccourt.ca.gov/PublicCaseAccess/

, or for at the

kiosks at the courthouse.

File y

our documents in the drop box in Room 102

in the Sacramento Superior Court at 720 Ninth

Street. Fill out and attach the

Civil Document Drop

-Off Sheet

, and date stamp the back of the or

iginal

packet. A supply of

Civil Document Drop

-Off Sheets

and a date stamp are located near the drop box

.

Step

9: Attend the Default Hearing, if Required

Typically, the court will review the materials you submit, and will grant your judgment (or reject it

and

request additional evidence) based on the paperwork. If, after reviewing the materials you submit, the

court determines that personal testimony is required, you will be notified by the court of the hearing

date. Be sure to attend the hearing, and bring

with you any documents or other items that you believe

support the claims made in your complaint.

Step 10: Serve Judgment

The court will mail you a signed copy of your judgment. Make one photocopy of this judgment, and

have it served on the defendant.

You must have someone over the age of 18 who is not a party in the

case mail

a copy of the judgment to the defendant. This person must then complete a

Proof of

Service by Mail

(POS

-030)

. Make a photocopy of the signed proof of service, and file it with the court.

See the Step-

by-Step guide on Serving Documents by Mail on our website at

www.saclaw.org/pages/pos-mail.aspx

for more information

https://saclaw.org/wp-content/uploads/sbs-request-a-default-judgment-by-court.pdf

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Customer reply replied 8 months ago
i am in ventura county which is southern cal state rules, is that different?
also, i am going to recuse the judge should i do that now? or do that now, he was a defence lawyer for the title company but I have to do a motion because i appeared in front of him in an ex parte.
Customer reply replied 8 months ago
This is great Ray, your terrific! wow
Real Estate Lawyer: Ray, Lawyer replied 8 months ago

No its the same.Honestly I would think long and hard about trying recuse the judge.It usually doesn't work and makes judge angry.I understand why you don't want them but thats real risky here.

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Customer reply replied 8 months ago
Well, ok i appreciate that. Is there a waiting period before I can file for a judgement hearing?
Real Estate Lawyer: Ray, Lawyer replied 8 months ago

Thanks for letting me help you.

Thanks for rating 5 stars here.Good luck with all.

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Real Estate Lawyer: Ray, Lawyer replied 8 months ago

No waiting period that I can see here, you can contact the court about setting it.

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Customer reply replied 8 months ago
your a 5 star, thanks Ray!
Real Estate Lawyer: Ray, Lawyer replied 8 months ago

Stars at op of page,thanks

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Real Estate Lawyer: Ray, Lawyer replied 8 months ago

Stars at top of page,thanks

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