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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 129485
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We purchased a mobilehome and land in an "as is" condition.

Customer Question

We purchased a mobilehome and land in an "as is" condition. The dwelling had extensive damage and repairs including black mold throughout. The extent of repairs too long to list and it had been vandalised. A last claiming to be the owner has filed unlawful detainer. We are not her tenants. The lady had apparently recorded van revocable living trust on a deceased day if death then put several prioertuesy in her and a brothers names as she claimed to be
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Executor of deceased estate. And the brother is deceased as well. This is from 2001 and on an other property was recorded decree of distribution to 6 beneficiaries. Canva motion to quash service and complaint. Or demurrer. The notice us deficient and does not contain ID or name of Lady or content by law. Service not correct. And we are not tenants ! The complaint has husbands name and " does 1-10'. Complaint missing item # 5 complaint lacking. What can we file or do. Quiet title might help. But need to stop this action before entry of default judgement which might have already Benn done
JA: Have you talked to an ID lawyer about this?
Customer: We have not filed anything. I was going to try and file motion to quash or a demurrer
JA: Anything else you want the lawyer to know before I connect you?
Customer: Unlawful detainer is wrong cause of action and the so called notice to quit gave 5 days for us to vacate. But the name as person giving us notice was printed hervfirst name and my husbands last name. We know what her signature looks like from checks to deceased estate the the Lady requested from person who had personal loan with person who died. Several properties involved. Thus plaintiff has abandoned and allowed the property behind our property to stop over $58,000 in value and it is in very bad shape and tore up. The attorney can call Mr. There to is so much more. My phinev***-***-****. My husbands 661 -476-1883. Thank you. P.S. we both are in our 60's. I am in wheelchair with many medical problems. Our house gas wheelchair ramp in place at purchase. Help us please. Mrs miller
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you purchased the home as is then you should have received deed/title. Thus, if she is filing an unlawful detainer, you need to file an answer and object to the UD action based on the fact she does not own the property nor have rights to it and file a countersuit to quiet title as well as part of the action. The demurrer would likely not be proper because there could be a legal action for eviction if she did own the property.

In your objection to the suit, you can ask for dismissal base on improper service and also improper party bringing the action. However, you also need to file a quiet title action since she is seeking to claim ownership here as well.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 7 months ago.
The person claiming to be the agent and whom we purchased and paid over half of purchase amount said they would file bill of sale and bring us the title when they were to get the balance of money. We have not heard or seen or been able to contact the person. We were given keys and had to make repairs and erratic black mold before Actual physical occupancy.. My searches have uncovered a big question of. Fraud, theft, recording docs falsely. And the remaining 4 beneficiaries could possibly give some. Clarity but time is or essence. We live in middle of Mojave desert and no transportation so its a problem to get to court . can you help as there are no forms for motion to quash. And. I am not on internet with a computer..
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your reply.

If there is a possible fraudulent transaction involved, you would need to pursue the seller as well. You will need to get a local attorney involved if you have no internet with a printer, because you cannot file online.

You can hire a local attorney to represent you on the fraud and eviction at the same site used by other attorneys http://www.hg.org

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 7 months ago.
We live on VA benefit and pintince of social security we just spent the entire monies we had on this contact with you and get no note funds until next month. This action brought fraudulently and in violation of many laws needs to be vacated, dismissed, stopped. But we need help in the forms. We can get the papers to the court and file them. Can you help generate them for us please. What information do you need to fill out the papers b. If you can give me some kind of fill in form. Or something like that, I will fill it in and file them. Don't know how to make the motion to quash service and complaint as well as notice of the gearing or other rules of court
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your reply.

You can get an attorney to assist you pro bono by contacting the state bar. What you are asking for does not exist and it is not something we can provide. You will need to get to the legal aid office or call the state bar to get an attorney to meet with you on a pro bono basis to do what you are asking.

Customer: replied 7 months ago.
Can you give me a list of all the name of things I must make to file properly with the court. Some. Things need additional forms. For. Judges order or for service or such
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your reply.

You need to file an answer/objection to the Unlawful Detainer, which is where you argue the improper service and lack of proper party/ownership. You also need to file a counterclaim petition to quiet title. You will need proof you purchased the property from the seller.

Customer: replied 7 months ago.
Do we file, example: notice of motion to quash. Or notice to motion to???.. And do we have to serve to plantiff or just quash and pick a court date
If a default judgement has been done. How do we stop sheriff from executing writ of possession
Customer: replied 7 months ago.
Do we request to dismiss the action. Or later vacate the action or ???
Customer: replied 7 months ago.
What is the legal.action to remove unknown persons from property where it.is not landlord tenant
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your reply.

No, you file an answer to the unlawful detainer and you ask in that answer to dismiss the suit based on the improper service and the lack of standing of the party suing to sue you, you are claiming they do not own the home so thus they cannot sue.

You also file a petition to quiet title at the same time. You have to serve the person suing you will copies of all of those forms.

It is still an unlawful detainer when it is not a landlord tenant case, it means simply they are forcing someone off the property they claim has no rights to be there.

Customer: replied 7 months ago.
Landlord tenant must have an agreement implied or written. How can a.person. just say they own property and file a frivolous unlawful action and hold us to the. Action and he law. A illegal and incomplete complaint. What law holds us to oommit perjury and complell us to provide answers to the wrong type of action plaintiff filed
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your reply.

That would be part of your Answer to the UD suit, you would make those arguments. All of the things you are saying are true, you would raise that as your affirmative defenses in the answer to the UD suit and in your prayer for relief you would ask the court to dismiss the suit.

Customer: replied 7 months ago.
What else or what do I file is a default judgement gets entered before we can. File anything
Customer: replied 7 months ago.
The unlawful detainer is the wrong cause of action. What is the legal remedy to remove persons , for. Lack of a better term, unknown non contracted person from property
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your reply.

First off, you have to file in time or you will be evicted. If default is filed, you are pretty much done and will be evicted and will have to pursue an appeal after you are removed from the property. This is why you do not have the time to learn all of the information to be your own attorney on this and must get representation. You simply do not have the time and can cause yourself a loss that you will spend a fortune getting out of this.

NO, the Unlawful Detainer is the right action to remove any person the plaintiff claims has no right to be in the property. So the plaintiff claims you have no right to be there and wants you out.

Customer: replied 7 months ago.
We are not tenants she is not our landlord. I am.sorry but why are we at a loss and must abide by the guidelines of action gnat has no merit And all aspects on plaintiff side are violations of many laws of civil codes. Procedures. Rule of court...... . we are force to bow down to fraudulent, illegal and misrepi of facts and forged docs she recorded taking many properties and violating probate law as we'll
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your reply.

She is claiming ownership of the property and claiming you have no right to be on the property and wants you removed, that is an eviction.

Once you prove that her case is based in fraud, then you can ask the court to award you penalties in the form of costs and fees associated with you defending yourself against those fraudulent claims (but you are trying to put the horse before the cart).

If you fail to defend and answer the claim, which is where you will raise all of the issues you mention above, then you will be forcibly removed and you do not want that.