Unlawful Detainer - Need Help

I have been issued an unlawful detainer by the alleged purchaser of my home.

However, I did the BOE, VOD, Copyright, all of the notary certificates and the foreclosing attorney nor the mortgage provided any of the information requested but continued with the foreclosure sale.

I informed the buyer and closing attorney prior to closing about the failure to validate the debts etc.

Now, I have a summons by the buyer for an unlawful detainer on 12/27/04. Please advise as to how to handle this.

A quick response is needed and appreciated.

Thank you

What is an unlawful detainer?

HB

Greetings,

Because a quick response is needed, at this stage, I'm coming into this a bit blind, but I am going to ass-of-you-nme, that you are being asked to vacate, and are refusing to do so. So, they are saying you are "unlawfully" holding over. If that is the case, I'm surprised they haven't yet tried to charge you with "unlawful trespass". At first glance, it might be helpful for you to read the recent thread titled "HELP NEEDED, INVALID FORECLOSURE" and follow the posts and references from "truth" and "Henry Bowman".

Next, QUESTIONS ARISE:

1. Has there been a summary judgment?

2. If so, were you properly served and present?

3. Was any of your paperwork in the court record, before the judgment, if there was one?

4. Is the 12/27/04 date you refer to, a date for a hearing? Or, a deadline upon which to vacate?

Again, at a glance, it may be wise to serve the sheriff's and state police with certified copies of your paperwork in one neat little package, if it is an actual summons.

It would be a good idea to check out that thread, before anything. Then, perhaps, provide a little more detail as to the circumstances.

One note off point: it might be worthy of suggestion, that incoming members not use their real names as the user name. I am hearing that some of these corporate thugs are starting to frequent this site, which would certainly, take away any element of surprise.

Sincerely,
truth

[redpilltaker]

Well,

Standard story, "I have a friend...blah, blah...blah"..." I will confirm what I can, but for now here are a few issues to explore.

Supposedly, a unlawful detainer suit was filed in a state court after a trustee sale came and went...in the answer to the complaint it was supposedly raised that it is unconstitional to kick someone out of their house without due process...so supposedly, the issue was raised to a federal court level because of monetary amount and diversity....

While I am checking to see what I can find out for you....a challenge of the venue and jurisdiction may be in order especially if one looks at the diversity of the parties and the amount of FRN's associated in the dispute...

I personally am interested in why it wouldn't be advantagious to elevate this issue to the federal courts(and which type of court is still fuzzy in my head because of all the information of equity/law/admiralty and article III/adminastrative, etc.)

So, maybe if the lender was unresponsive to your requests/demands for information and you have evidence of your requests (registered mail receipts/Fedex/UPS airwaybills), maybe one can show that one was making good faith efforts to make sure that they weren't suffering from a fraudently perpetrated contract.....

To be honest, I have never gotten to spend more time with the likes of LEATHERLIPS(LL if you see this, I think that you were the fellow forum member that had their evidence ignored along with the requests for discovery, please chime in if you can).

I will try my PACER account and check with "the" friend mentioned above in person....

Read, read, read!

RPT

[redpilltaker]

Hey all,

I would like to recommend that any forum member that is interested in the courts to sign up for a PACER account. This is the "federal" "court" system's electronic filings database and one can search through cases and the party's filings.

As far as the topic of unlawful detainer, I am watching this case in particular(Cv-01989-TSZ)...but I think that the PACER account would allow anyone to search for entries in each district that the "lenders" may find themselves involved with...might be useful, at the very least, one can view court filings/pleadings, which could be helpful....

LM-

This particular case has involved suit to quiet title, alternative trustees, quit claim deeds, and reconveyances...as you can see upon reading the "lenders" attorney's declaration, the "lender" questions the very issue of raising the jurisdiction to the Fed Level...not surprising...

Check it out!!

OOPS, 9th District, Western Washington....