Roseville, California (PRWEB) March 19, 2012
UFAN Legal Group lately won a landmark victory in combating an unlawful detainer brought by the Bank of New York Mellon against a California homeowner. The case, number CVL001156, was prior to the Merced Superior Court which granted UFANs motion to quash service of the unlawful detainer complaint. UFAN argued in its motion and at oral argument that the Merced court did not have jurisdiction to hear the unlawful detainer trial. The courts ruling was the most recent victory for UFAN in its efforts to fight for the rights of California property owners.

We are incredibly pleased with UFANs outcomes as a result far, says the homeowner, Susan Jensen. All we want is for the banks to function with us and the other home owners who have been wronged.

Mrs. Jensen and her husband Michael retained UFAN for litigation against Bank of America and Bank of New York Mellon this past summer season. A complaint was filed on their behalf and on behalf of quite a few other home owners on August 17, 2011 in Sacramento Superior Court (case number 34-2011-00109314). That case alleges quite a few causes of action which dispute the banks proper to title and the right to foreclose. The Jensens themselves had been led to believe that they were nevertheless getting regarded for a loan modification, which brought on the Jensens not to pursue obtainable legal action. Whilst in the modification approach and whilst promised foreclosure action was halted their house was foreclosed.

UFAN based its motion to quash service of summons on the grounds that it is improper to hear an unlawful detainer action prior to a decision on the merits of the property owners claims against the bank. Due to the fact the unlawful detainer court is a court of limited jurisdiction and the proceedings are summary in nature, the complicated issues of title can’t be heard there. That is why those concerns have been brought in an limitless civil action exactly where they can properly be heard. To decide possession before a determination on the concerns of title frustrates due procedure. UFAN argued that it is necessary for the two actions to be heard in the identical proceeding and that the Sacramento court has already exercised exclusive jurisdiction. UFANs argument was effective and the Merced Court dismissed the pending unlawful detainer action.

UFAN has faced an uphill battle in receiving unlawful detainer court judges to recognize that the unlawful detainer court does not have jurisdiction, and hence, ought to not authorize an eviction of a homeowner prior to that person has had their day in court.

Even though quashing service of summons was a victory, the banks may nonetheless attempt to take the Jensens house in the short term. UFAN, even so, will fight every single step of the way for the Jensens and other customers who could face unlawful detainer.

ABOUT THE UNITED FORECLOSURE Attorney NETWORK

UFAN Legal Group, Pc dba United Foreclosure Attorney Network (UFAN) is a Roseville, California-based law firm delivering mortgage litigation and other debt associated legal services. The dedicated attorneys and staff at UFAN function tirelessly to seek justice and fight for the rights of its consumers. For a lot more details get in touch with toll free 1-866-400-4242.

This release could constitute lawyer advertisement. Kristin Crone, Esq. is the attorney responsible for this advertisement. The information in this release and on the UFAN web site (ufanlaw.com) is for common details purposes only. Nothing at all in this release or on the UFAN internet site must be taken as legal guidance. Prior successes are no assure of future efficiency. Litigation is inherently uncertain and final results in litigation are never assured.





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