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Health & Fitness

Home Owners Beware of 'Legal Aid,' Aiding Indigent Residents In Unlawful Detainer Actions Against the Homeowner

What every property owner, landlord and foreclosing party needs to know about the new Pilot Progam, which gives ingident resident the right to an attorney in unlawful detainer action.

If you are a rental property owner or an investor, you will want to know what "pilot projects" your tax money is going to fund. As a board member of REIE (Real Estate Investment and Exchange San Diego) I attend all of our meeting. Some meetings pack more of a punch than others. This morning I was FLOORED when Attorney David Stallone spoke about "Sargent Shriver Civil Counsel Act Pilot Projects". It prompted me to take to the keyboard and inform anyone who would listen to this ridiculous plan to interfere with the eviction process.

A notice was sent out February 1, 2012 to all attorneys regarding The Legal Aid Society of San Diego Inc. After all the legal jargon is deciphered, what it amount to is the establishment of a "pilot program" lasting three years. This will SUBSTANTIALLY impact the time it takes and money spent by the owner trying to evict an indigent tenant.

Legal Aid used it's funding to hire seven attorneys who represent the tenant in an eviction process. Those seven attorneys have been using unorthodox tactics to "resolve" the dispute between tenant and property owner. Some of the tactics include "negotiating" a settlement for the case where the property owner pays a large sum of money to the attorney. You would think that money is used as a cash-for-key incentive but it actually goes directly to the Legal Aid coffer. The legal Aid fund is then increased with this ill gotten money. By the end of the three year trial period, the pilot program will show substantial financial growth and then become a permanent fixture in the legal system against property owners, as a successful income generating act.

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...to be continued next week.

For the complete fact sheet on this Legal Aid program visit courts.ca.gov/documents/AB-590.pdf. Keep in mind that these bills are written to hide the true meaning of their actions. It is a pilot that will diminish the ability of the property owner to legally evict an indigent resident from their property. What it amounts to is "legal extortion"

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For further information on this Legal Aid program please contact me at Bal.Ramlochan@harcourtsusa.com or 760-271-1265 . I will be holding a meeting at my Harcourts office in  La Jolla, where Attorney David Stallone will review the "Sargent Shriver Civil Counsel Act (AB 590) and Q&A more information to follow next week.

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