After the unlawful detainer lawsuit has been filed, the occupant must respond within five days. If the occupant fails to respond by the deadline, the court can provide a judgment for possession within 10 days. If the occupants do respond, a trial is scheduled within 20 days.
THE RIGHT OF REDEMPTI EMPTION
The “right of redemption” is the legal right of any mortgagor or borrower who owns real estate to reclaim his/her property. This right of redemption gives property owners who pay off delinquent taxes or liens on their property the ability to prevent foreclosure or the auctioning of their property—sometimes even after the auction or sale has occurred. The payment also must include the costs incurred in the foreclosure process, plus the entire amount of the mortgage if the payoff comes after foreclosure or auction. A homeowner in foreclosure can “redeem” the mortgage and keep their house by paying a specified amount of money within a certain timeframe as permitted by the right of redemption. Depending on state law, homeowners in foreclosure may have two separate rights of redemption: a pre-foreclosure right of redemption and a post-foreclosure right of redemption. The equitable pre-foreclosure right of redemption allows all homeowners to save their homes from foreclosure, and redeem their mortgages, by making specific payments in advance of the foreclosure sale. These payments include the entire mortgage balance, plus fees and costs. Those in foreclosure will face the challenge of procuring all cash required to redeem in a lump sum. Mortgages, however, can be redeemed by selling the home to a purchaser or refinancing the mortgage debt.
A statutory right of redemption exists in many judicial
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