TENANTS LEGAL CENTER
OF SAN DIEGO

PROTECT RIGHTS
AVOID EVICTIONS

DEFEND YOUR
RIGHTS IN AN EVICTION CASE

REPRESENTING YOURSELF?

EVICTION
NOTICES

OWNER FACING FORECLOSURE

TENANTS IN A
FORECLOSURE
SITUATION

DEPT OF REAL
ESTATE
CONSUMER
WARNINGS

If the foreclosure already occurred, you should get competent
effective assistance to protect you from the eviction process.

We have heard from our clients who were concerned about being solicited or have seen websites by groups who seek high fees for what appears to be legal services promising unrealistic benefits like staying in the home for many months despite an eviction case being brought.  This occurs while under stress in a time of uncertainty about their home based on a foreclosure or an eviction for any other reason.  Some of these groups are self titled as "paralegals"   or they may be registered as an "Unlawful Detainer Assistant" but they are not allowed to practice law or give legal advice. We have seen letters that are made to look like an actual official legal document such as a NOTICE OF TRUSTEE SALE but they are in fact NOT an official notice.  These are merely solicitations for their "services" made to look like an official document.

Some people sending these solicitations, or putting up websites filled with random legal sounding information, are trying to take advantage of those caught in a fast moving legal and eviction process that can be confusing and intimidating.  An unskilled or unqualified person may easily risk your rights and future by simply filling out critical legal forms claiming to get you "more time" to move without the legal ability needed to protect you from any consequences or penalties for such actions.  Some may claim to be real estate offices.  Check to see. Some have business names but are not registered with the County of San Diego.  Check to see.  It is certainly not recommended to have a non-attorney decide on a strategy, fill out legal forms, take ANY action on your behalf or send you to any court or hearing alone without true legal representation. Read any solicitation or website carefully to see if a qualified attorney is offering the service and check that attorney out to see that he or she is experienced in this field of law.

Before hiring anyone to assist you, take some time to research
who you are hiring and consider asking the following questions:

Is their letter a solicitation for services even though it looks official?
Is their website from a legitimate law office with an address?
If they claim to be a Real Estate Office, check them out
If they are offering legal services, ask for the name of the attorney.
Will they represent you in court or any other hearing?
If they claim to be a "paralegal", are they directly supervised by an attorney, and if so, which attorney?
Check with the State Bar of California to see the validity and background of any named attorney.
If they claim to be a "paralegal," have they complied with State Law?
Is their "license" only as a registered document assistant that cannot give legal advice?
Do they have any certification of competency by an accredited educational institution?
Are they licensed to conduct business by the City you are in?
How much will an attorney charge after the paralegal or document assistant does their work?
Are they covered by any insurance to protect you?
Are they willing to accept responsibility for the management of the entire case including a court trial?
Check with the Better Business Bureau for their record.

A licensed competent attorney's office should have the
necessary legal qualifications and resources to help protect you.

Claims may be made in solicitations that are not accurate and are unrealistic.
For example,

THEY PROMISE MANY MONTHS IN THE PROPERTY FREE OF EVICTIONS - Under certain conditions, a bank or new owner can easily process an eviction in a much shorter time.  Further, they are not providing experienced LEGAL assistance throughout the entire process after the eviction is commenced and an ANSWER is filed. They do not mention the potential high cost of delay tactics without adequate protection. 

THEY PROMISE MANY MONTHS WITH NO RENT TO PAY  - Under current  Federal Law  and California Law for tenants, there is no mention of free rent and former owners still in possession of the home could be asked to pay daily rent from the expiration of a 3 day notice to quit or the rent during the 90 days granted under Federal Law . 

THEY SAY THE LACK OF IMMEDIATE ACTION WILL RESULT IN AN IMMEDIATE EVICTION -  If you are a tenant protected under Federal law, and California law, you are entitled to a 90 day notice or even longer, depending on the lease.  If you are an owner, even after the 3 days passes on a notice, you can use the court system for protection against a rapid and stressful eviction but it must be handled correctly to protect your rights and credit.

THEY GUARANTEE RESULTS - It is not responsible and appropriate to advertise that one can guarantee the results of complex legal action. Judges differ, jurisdictions differ and each case has its own unique factors.  There may be different outcomes for what appears to be similar cases. Attorneys are bound by a law and ethical standards which prohibits advertising promising " Any guarantee or warranty regarding the outcome of a legal matter as a result of representation by the member."  This is a confirmation that guarantees should be looked at with great suspicion.

THEY SAY USING AN "ANSWER" WILL GIVE YOU RELOCATION ASSISTANCE - The California Code of Civil Procedure governs the procedure of evictions but it does not contain all your rights in a foreclosure and accompanying eviction.  There are MANY laws including other codes as well as case authorities which we rely on in protecting our clients.  Check the Unlawful Detainer code sections yourself  (The Unlawful Detainer codes generally begin at section 1161 of the Code of Civil Procedure) Search for words like relocation assistance or free rent or extra time.  There are no such provisions.  A skilled attorney may achieve significant benefits but that involves taking careful action and having a significant understanding of these complex codes as well as other laws, cases and the procedural rules. Merely filing a paper is not  enough.

THEY CLAIM TO BE  "LICENSED " AND/OR BONDED -  These are generally what are called Unlawful Detainer document preparation assistants. They CANNOT practice law nor give ANY legal advice without the direct supervision of an attorney. 
California Business and Profession Code section 6400 states in part:

"(g) A legal document assistant may not provide any kind of advice,
explanation, opinion, or recommendation to a consumer about possible
legal rights, remedies, defenses, options, selection of forms, or
strategies..."

WHAT AN EXPERIENCED ATTORNEY CAN DO FOR YOU

Just waiting for an Unlawful Detainer and then merely filling out an ANSWER form without regard to the legal aspects of the situation can lead to disaster.  What are your rights in that situation?  Can you use the Federal Law and  should you?  Do you rely on State Law?  Are you at risk for a claim for damages and from whom?   What can you take from the property when you leave?  Can you be arrested for theft?  What happens if they ask for rent?  Should you pay?  What happens if you do not pay?  Can you get the home back if you were the former owner?  Can you rely on the lease if you were the tenant?   Should your accountant be consulted for tax consequences?   As you can see, there are many more issues than simply forgetting about these important matters and delaying a move out with potentially harmful advice.  An  experienced attorney who handles these matters will know these issues and determine what approach is recommended to protect you.

REMEMBER only an experienced attorney should handle such matters.  You may lose very valuable rights and even be hit with a large judgment and be asked to pay thousands of dollars to the the bank or landlord'.   You may be asked to use bankruptcy as a “delay” tool which could have penalty consequences if used merely for delay.  You may be forced into bankruptcy to try and avoid the judgment and liability you invited on yourself for using ill advised tactics recommended by unqualified people.  Merely filling out forms such as an ANSWER (to an eviction) and taking legal positions in court without specialized competent legal advice can most certainly put you at risk of serious financial and credit harm.  Would you let a pharmacy store clerk choose your medication rather than a qualified doctor?  Of course not..  It is no different with legal matters.

Tenants and former property owner should seek proper advice and protection from
competent attorneys such as the free Legal Aid or a reputable licensed legal service
or center experienced in these matters

At the Tenants Legal Center, there are attorneys experienced in property and tenants
rights laws available to personally assist you when threatened with an eviction or
facing other rental or occupancy disputes.  Remember, if any legal papers are delivered
to your home, take action to DEFEND YOUR RIGHTS!! 

Home | Useful links | News and Updates | About Us | Contact Us

California law for San Diego is applied in these pages.  Such laws may or may not be applicable in other jurisdictions.  The information provided herein is of a general nature and is not intended to be taken as specific legal advice.  For legal advice in a particular situation, promptly consult with an appropriate attorney. The advice and recommendations regarding any other legal or nonlegal services offered to the public are based on the opinion of the Tenants Legal Center with the intent of providing important information of general and specific public interest.