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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] You illustrate the great point of the difference between academia and the real world. Posted by JK (the other JK) on May 24, 2010 at 9:55 PM In Reply to: Re: What can stop an eviction after a judgement? (I'm the plantiff) posted by Kristine-CA on May 24, 2010 at 7:37 PM : I got "that idea" from this and other sources citing time frames for BKs in eviction proceedings....http://www.nolo.com/legal-encyclopedia/article-29689.html : : "I think CA law says that it's too late for a BK to stall eviction at this point. They would have had to file BK before the case and judgment." : : Uh... Nope. Where did you get that idea? Most eviction attorneys with any common sense will wait and get a Motion for Relief of Stay when the eviction involves a post foreclosure former owner -- even after a Writ of Possession. Sounds to me like these guys are just fishing for a second offer for cash for keys. Might be cheaper than the potential damage they could do to the property. This is the second time you've posted a link to Nolo to prove your point of how things work in the real world. Are you aware that the Nolo eviction books don't even cover post foreclosure former owner evictions? I am as I've read several of their eviction books. Post foreclosure former owner evictions are a different animal than "normal" tenant/landlord evictions. That would be why post foreclosure, former owner evictions must be in pleading format where as "regular" evictions require a simple form. I've personally witnessed BKs stop the Sheriff, sometimes just a day before lockout. Have you ever witnessed it not work? (I ask the question facetiously as I already know the answer). Please don't take my word for it. Call an eviction attorney and verify I speak the truth. Better yet go visit your local Sheriff's office and they will confirm my point, as well. Follow Ups: Re: You illustrate the great point of the difference between academia and the real world. BrianH 2:03 PM, 05/25/10 (1) Re: You illustrate the great point of the difference between academia and the real world. Swan 9:02 PM, 05/28/10 (0) So, who's more "real world"? You? Kristine-CA 10:12 PM, 05/24/10 (1) Yes, In this particular instance, I'm more "real world". JK (the other JK) 10:38 PM, 05/24/10 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : I got "that idea" from this and other sources citing time frames for BKs in eviction proceedings....http://www.nolo.com/legal-encyclopedia/article-29689.html : : : : "I think CA law says that it's too late for a BK to stall eviction at this point. They would have had to file BK before the case and judgment." : : : Uh... Nope. Where did you get that idea? Most eviction attorneys with any common sense will wait and get a Motion for Relief of Stay when the eviction involves a post foreclosure former owner -- even after a Writ of Possession. Sounds to me like these guys are just fishing for a second offer for cash for keys. Might be cheaper than the potential damage they could do to the property. : This is the second time you've posted a link to Nolo to prove your point of how things work in the real world. Are you aware that the Nolo eviction books don't even cover post foreclosure former owner evictions? I am as I've read several of their eviction books. Post foreclosure former owner evictions are a different animal than "normal" tenant/landlord evictions. That would be why post foreclosure, former owner evictions must be in pleading format where as "regular" evictions require a simple form. I've personally witnessed BKs stop the Sheriff, sometimes just a day before lockout. Have you ever witnessed it not work? (I ask the question facetiously as I already know the answer). Please don't take my word for it. Call an eviction attorney and verify I speak the truth. Better yet go visit your local Sheriff's office and they will confirm my point, as well. [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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