I am a renter in CA and I received a Notice to Vacate from the Sheriff- but I was never serced and the Court

Asked by Danielle, Corona, CA Sat Jan 31, 2009

CLerk advses a Proof of Service was not filed. Can Ifile a Motion to Quash, Dispute or Stay to Notice?

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Kier, , Kissimmee, FL
Mon Feb 2, 2009
Maybe you should just pay the rent. I'm sure the owner wouldn't want to throw out any tenant in this economy unless they couldn't collect the rent. Just my 2 cents.
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Diana Margala, Agent, Rancho Cucamonga, CA
Sat Jan 31, 2009
Hi Danielle:

The agents have given you good information if the notice to vacate was from the bank. If it was from the owner of the property there could be different circumstances your best bet is to speak to an attorney. If you would like to send me the address I can verify if the property has been foreclosed. Good Luck

Diana 909-945-5763
Web Reference:  http://www.Dianam.com
0 votes
Dallas Texas, Agent, Dallas, TN
Sat Jan 31, 2009
You have several options. The has been foreclosed you are a tenant not owner of property, if bank wants property they follow legals proceedings to take possession of home. If there is an error Judge COULD render an upon allow you a short notice locate another property.

Contact an attorney file motions these fees you could apply towards your move .

Sorry to hear this.
Web Reference:  http://www.lynn911.com
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The ACG Group…, Agent, Upland, CA
Sat Jan 31, 2009
Dear Danielle:

Two new laws governing foreclosure's effects on renters exist; one for CA generally and another specifically or the City of Los Angeles. (See link below). In short, since you are outside the City of Los Angeles, you have 60 days to vacate.

At the end of the day, the specifics of your situation are such that yours is a legal question and best handled by a licensed attorney. If you do not have someone, you can call Legal Aid (http://www.inlandlegal.org) for additional help.

See the link below for additional info and resources. Best wishes, and sorry for the inconvenience you're experiencing. If you decide to purchase a home, or want to prepare to buy in the near future, don't hesitate to give me a call.

I just ran the numbers on a client yesterday and depending on your space needs and taste, mortgage payments as low as $900 -$1,100 are possible in today's market.
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