The Awful Detainer: Orange County Evictions Go Electronic!

By
Real Estate Broker/Owner with Bristar Realty (Realtor/Attorney) BRE: 01005471
https://activerain.com/droplet/TKV

In Orange County, California, we have a fancy legal term for evictions:  Unlawful detainers.    AnOrange County Unlawful Detainerd now they’ve gone electronic!   

But not all electronic filings are created equal.  

Unlike regular civil cases, evictions are given priority in the court system.    If all goes well, a property owner can expect a trial in a matter of weeks.    But the fast track to judgment has a price.   Not in dollars, but in sense.     In California, the unlawful dOrange County Unlawful Detainer Attorneyetainer is a foreboding and strict creature.    The slightest mistake may cause a do-over.     

Because we are a land that bends over backward for tenants, property owners must handle these cases with hyper vigilance.     Staying abreast of local, municipal and state rules is critical.

As of January, 1, 2013, Orange County evictionSouthern California Eviction Services must be processed electronically.  It’s mandatory!     

Having handled dozens of these trials in 22 years, this change is delaying access to the judicial system and causing extra expense.     Maybe it’s a growing pain.    I suppose time will tell.

Evictions are closely tied to short sales, foreclosures, and investment property.   In my view, real estate agents should have a rudimentary understanding of the process and a finger on the pulse of recent developments.     It’s not a fun part of real estate, to be sure.

May be we should call them Awful Detainers!

Orange County Landlord Tenant Law Services

                                                 Orange County Evictions Go Electronic ~   Brian L. Sirota, Esq.

 

Posted by
  • Brian L.  Sirota, Esq.  
  • Broker/Realtor/Attorney
  • BRISTAR REALTY
  • Orange County, California 
  • (877) 641-6964  
  • (714) 501-7660
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Rainmaker
2,231,305
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Brian,

Within the first couple of paragraphs I was searching for the suggest button until I realized it was already suggested and featured.

CA is such a trend setter and I can see other states jumping on board to implement the same type of system but there's still a lot of work to be done. Tsk, tsk, too many problems, not enough effective solutions that works for all. Do you think any of our founding fathers to the constitution ever thought about all the issues we face today? If they did have the foresight, perhaps that's why they wore wigs to cover up their early grey hairs or bald heads.

 

Apr 08, 2013 02:23 AM #31
Rainmaker
671,240
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

Patricia, that's a very interesting question....  I'll text Thomas Jefferson and get back to you. ;-)

Apr 08, 2013 10:46 AM #32
Rainmaker
1,507,472
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

I agree that realtors should be educated about the eviction process. I tried to find the information about this subject few times, but there are no clear answers. Every time I ended up suggesting a lawyer to take over the problem. Seems it is different in each CA county, right?

Sep 27, 2013 04:46 PM #34
Rainmaker
1,343,790
Michelle Gibson
Hansen Real Estate Group Inc. - Wellington, FL
REALTOR

Brian - Great information!

Apr 03, 2014 10:43 PM #35
Rainmaker
671,240
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

Michelle,  I very much appreciate the kind remark, especially so long after posting this blog.  Thank you!  Brian

Apr 07, 2014 04:35 PM #36
Rainmaker
1,302,126
Jon Kolsky
Kolsky Realty & Management - Long Beach, CA
Licensed California Real Estate Broker

Brian L. Sirota, Esq. ~ I agree with you "they need to be called "awful retainers" I know firsthand, being a landlord can be tough, but there's no question about it "the more we are informed, the better off we are. 

Apr 27, 2015 04:03 AM #37
Rainmaker
1,681,189
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Brian L. Sirota, Esq. , The way technology is growing, we have to keep our pulse on many changes these days.

May 03, 2015 01:49 PM #38
Ambassador
2,076,669
Debb Janes EcoBroker and Bernie Stea JD
ViewHomes of Clark County - Nature As Neighbors - Camas, WA
REALTORS® in Clark County, WA

Thanks for the comment on my blog. Good to see you, Brian. :) Hope all is well in the OC world. 

May 04, 2015 01:03 AM #39
Rainmaker
1,507,472
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

haha, it is so true: ''Because we are a land that bends over backward for tenants, property owners must handle these cases with hyper vigilance.   ''

Jan 09, 2016 04:23 PM #40
Rainmaker
671,240
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

Inna, sounds like you've got some experience with this.  ;-)

Jan 11, 2016 10:24 AM #41
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

It's such a foreign concept to me.  Georgia is a non judcial foreclosure state and process has little complications and evictions are rather swift.

Jan 27, 2016 12:29 PM #42
Rainmaker
2,231,305
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

In Texas, the greatest risk to all Brokers is Property Management. That's where most of the law suits are coming from. Landlord/Tenant issues are not fun at all!

Feb 25, 2016 02:20 PM #43
Ambassador
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Mimi Foster
Falcon Property Solutions - Colorado Springs, CO
Voted Colorado Springs Best Realtor

You don't seem to be blogging, but you do seem to be commenting. How ARE you? Hope life is treating you well. Hugs . . . 

Apr 13, 2016 02:40 PM #44
Rainmaker
5,985,154
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

I was looking for your current blogs. I hope all is going well for you.

Feb 01, 2017 08:35 AM #45
Rainmaker
678,623
CA COASTAL ESTATES Lauren Selinsky Perez CRS
California Coastal Estates - Aliso Viejo, CA
"Your Real Estate Broker" #oclauren

Such good news that this is now electronic. 

Lauren Selinsky 

Mar 01, 2017 11:58 AM #46
Rainmaker
5,985,154
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Thanks for visiting my blog. Have a most productive March and your best ever year.

Mar 03, 2017 04:29 AM #47
Rainmaker
892,465
Sussie Sutton
David Tracy Real Estate - Houston, TX
David Tracy Real Estate for Buyers & Sellers

I would hate to be a process server.... but i know it put food on the table.

Mar 04, 2017 07:14 PM #48
Rainmaker
5,985,154
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Thanks for your comments on my blog. It is always good to hear from you.

Sep 12, 2017 06:58 AM #49
Rainmaker
1,507,472
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

So, with this new electronic filing, how long the whole process takes? 

Apr 18, 2018 10:40 PM #50
Rainmaker
251,483
John Henry, Florida Architect
John Henry Masterworks Design International, Inc. - Orlando, FL
Residential Architect, Luxury Custom Home Design

Brian, that is very interesting news about how things are done in California.

I don't know when and why this happened but it seems the courts favor the perpetrators who are viewed as 'victims' and landlords are the evil party.  Homesteading in vacant houses was also seen in south Florida during the recession and were a legal entanglement for the homeowners who had temporary financial issues, etc.  Thanks for the info.

Oct 17, 2018 08:57 AM #51
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Rainmaker
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Brian L. Sirota, Esq.

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