Invalid title as positive defense against eviction after foreclosure sale

This article describes how to use an invalid title as a positive defense raised by an advocate in an illegal milestone (retreat) after foreclosure sale in California. A title is invalid means that the plaintiff of the expulsion case does not have an official title.

Due to the housing crisis and massive foreclosure, the number of expulsions after foreclosure sale increased dramatically in California.

The question of whether stainiff has legitimate rights is usually not raised in the case of expulsion, but if raised in tenant's response, you will be subject to a strike claim.

Since a valid title is part of the original judgment, assuming that a valid title is claimed in the complaint, it is a problem with a specific refusal. If an effective position is not stated in the complaint, there is a possibility of receiving general suspension of execution due to the inability to state the cause of the lawsuit.

However, after foreclosure sale in California, foreclosure in California that foreclosure under section 1161a of the Code of Civil Procedure or other similar post-sale expulsion requires a title "officially completed" to a buyer seeking expulsion It is different in expulsion.

This means that in the exile following foreclosure the lack of credit rights is a positive defense determined by the California Supreme Court.

There may be many reasons why stainiff does not have a valid title. For example, in Article 2934 of the Civil Code, if a fiduciary's representation is made after a notice of sale is made, a new sale notice including the name, address, telephone number of the proxy is submitted to paragraph 2924 f of the Civil Procedure Code Alternative Proposal , Or a sale made by a proxy will be invalid.

Obviously, if the sale made by the subordinate trustee is invalid, this means that the purchaser did not acquire a valid right for that property. As a result, they can not show officially completing ownership.

However, such objections may be brought by a general examiner, but for tactical reasons, we pleaded the defense counsel to that defense team and pleaded for the defense of the defendants, In a copy trial, or in a possible motion for summary judgment and / or ruling. A copy of the certified document is self-authenticated according to California Evidence Code Section 1450-1454.

The author certainly expects you to enjoy this article.

Best regards,

Stan Berman