Unlawful Detainer Dismissal

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Latest post 12-09-2010 1:46 PM by dianaca. 4 replies.
  • 12-09-2010 1:50 AM

    • dianaca
      Consumer
    • Not Ranked
    • Joined on 12-08-2010
    • CA
    • Posts 2

    Unlawful Detainer Dismissal

    Normal 0 MicrosoftInternetExplorer4

    I live in CA and in my home that was foreclosed on in April, 2010. On the 1st of December I received a judgment in my favor of a dismissal of an unlawful detainer without prejudice brought against me by Federal National Mortgage (Fannie Mae). Although I asked for with prejudice, the judge denied my request. This is a HUGE relief  but there are now several questions in which google has not been able to supply the answer.

    I cannot afford a lawyer and have been doing this pro per with advice from a friend. I would certainly appreciate any help at all!

    1. Since the judgment is without prejudice, this means they can still come after me but my confusion is with what? Can they re-file a UD as long as it is not worded exactly the same and they are able to find other grounds to evict me? Or come after me for something else?
    2. Does this mean the foreclosure is rescinded? Am I able to get the foreclosure off mine and my ex’s credit?
    3. Since my 2010 property taxes were due after the date of the sale, I did not pay them. When contacting the county, I do not see any back taxes owed, only taxes for 2011. Does this mean the bank paid the 2010 taxes when they believed they had possession? I would like to make sure I am current before I make another move.
    4. I would now like to file for a Quiet Title. Can I do that now or do I have to wait until a specified amount of time has passed? Do I stand a chance of getting the quiet title with this ruling?

    I feel for everyone going through this process and wish you all success!

    Thanks!

  • 12-09-2010 11:04 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Unlawful Detainer Dismissal

    Laymans take: You are not even close to out of woods yet-----------

    Plaintiff may have time to appeal the dismissal?

    Plaintiff can refile once it gets its ducks lined up again.

    Only the specific action -UD--seems to be  dismissed.

    Does not appear to address foreclosure at all--I don't see where a quite tilte yet makes sense.

    Generally property taxes run with the land and not with the person--so I'd want to triple check all issues before I put any good money after bad.

    I would expect lender to counterattack once some of the dust caused by "robo signing" et al clears.

    You better hope you and your friend stay ahead on the legal curve--odds are enemy ultimately will out gun you or wait until you make a fatal proceedural error --don't rejoice prematurely to have  won round 1 of a 9 round match. I'm not saying you cannot win--but odds favor the side with the professional gunman.



  • 12-09-2010 12:11 PM In reply to

    Re: Unlawful Detainer Dismissal

    Your house was foreclosed, the bank owns it.

    You need to understand that it's only a matter of time (and not much time at that) until the bank can get a court order that will result in the sheriff putting you and your belongings out on the street.

    I suggest you make other living arrangements while you still have some control over it.

    When the sheriff comes to the door it will be way too late.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 12-09-2010 12:20 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Unlawful Detainer Dismissal

    Well its not entirely clear in your post if lender started the foreclosure process or completed the foreclosure process and now owns it--sorry if I misread that part .

    Has lender completed a foreclosure?

     

    CA has some rather complex rights of redemption --so if you lost it and that window has expired or you are unable to catch up inside the window--you have lost and now its just a matter of time until the next foot drops?



  • 12-09-2010 1:46 PM In reply to

    • dianaca
      Consumer
    • Not Ranked
    • Joined on 12-08-2010
    • CA
    • Posts 2

    Re: Unlawful Detainer Dismissal

    Normal 0 MicrosoftInternetExplorer4

    Thank you both for your input!

    @ Drew – Good point about the appeal. Do you know if there is a statute of limitation of the appeal? I know that they can refile but what I don’t know if they can refile for the same issues or they have to find new issues to put in the UD.

    Right now the least of my worries is getting the foreclosure off my record and I assume that will have to wait until I’m ‘out of the woods’.

    As far as the quiet title, is there a reason why you think it doesn’t make sense yet? I was hoping to hit them with that before they had time to regroup and I’m hoping to have enough evidence of fraud against them to keep them from contesting the quiet title.

    I do expect a counterattack which is why I thought I could get some thoughts on this but you better believe I’m ready for the next 8 rounds;-)

    Your second email asks about the lender. If you are talking in the sense of the servicer, yes the bank (servicer) signed a substitution of trustee over to a default services company who then foreclosed on me although I question their authority as the real party of interest since MERS signed their beneficiary rights over to the bank which is also in question. So the original document that allowed the bank to believe they had the right to foreclose is fraudulent.  

    @ Jack – Believe me I do understand the ramifications of the foreclosure. It’s been 8 months since the foreclosure and I have been walking on egg shells ever since. I do believe I can win this fight and I will not give up on my home of 16 years.

     

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