According to information received by our group in June of 2012, Bill Stewart presented the following information to California Assemblyman Jim Beall regarding the illegal use of the Unlawful Detainer complaint to eject homeowners after foreclosure sale, in violation of Cal. Code of Civ. Procedure section 1161(a).
The use of the unlawful detainer after sale is illegal in California.
Any judge who permits the use of the unlawful detainer after sale has violated the home owner’s civil rights, and a Title 42 Section 1983 action may be filed against that judge in his private capacity
Also, any judge who permits and rules on an unlawful detainer after sale rules in the complete absence of jurisdiction, violates the state and federal constitution and her or his oath of office, and can and should be impeached by the California State Legislature.
This oral presentation was the first on the August 26, 2011 public comments section of the California Judicial Council meeting agenda and is downloadable from: http://www.courts.ca.gov/15302.htm on the California Judicial Council website, and click the link for: Public Comment and Committee Reports.
Mr. Stewart is mentioned on page 1, and his written presentation is on pages 76 – 86 of the meeting materials, at the following link: http://www.courts.ca.gov/documents/082611writtencomments-to-post.pdf
Mr. Stewart can be reached at 408-830-4936
4 thoughts on “Unlawful Detainer Illegal in California”
Book: The Judges Role in Unlawful Foreclosure
In February of 2012, Aequitas reported it’s finding from their Federal Audit of Foreclosures in California; they named ‘Crisis in Compliance.’ Their results reveal that 85% of foreclosures in California are unlawful, and 99% have deficiencies. In fact in 2011, the Federal Treasury issued Cease and Desist Orders (OCC) against Mortgage Electronic Registry System (MERS) and several banks, including Wells Fargo Bank (Wells).
Even so, California Judges continue to ignore these OCCs and obvious Mortgage Fraud. In fact, the only way mortgage fraud could be so rampant, is because Judges are not concerned with evidence, discovery, facts, justice and what is fair or not; but only in protecting banks, insurance companies and the well connected in violation of their oath
Don’t got looking to Bill Stewart for help…he just hung up on me after being very polite and decent to him. Not sure what his game is but its certainly not helping folks
I need legal help against JP Morgan Chase. They became owner of my rental and kept us from knowing of foreclosure and their existence. Attempted constructive eviction caused serious injury to roommate. Then after having city extort money from me to comply to code violations caused by them via threat of eviction we were locked out with all stuff inside and roommate barely on crutches. After we were out an unlawful detainer was filed without due process. California
Kimberly, our group has disbanded. One of your best resources in the Bay Area is ACCE. Causa Justa/Just Cause may also be able to help you. I wish you luck!