[RPPTL LandTen] 2 Questions

[Bob Wunker]

Re Scenario 1:  After lapse of 30 days of the foreclosure's termination, I
think the court would have lost jurisdiction and I don't think the client
could then move to intervene and have a WOP issued.  If within 30 days,
then I'd argue the client is surrogated to the lender's interests and
rights and could file a motion to intervene and obtain a WOP.
Re Scenario 2:  I would tend to think that the foreclosing plaintiff would
have obtained the names of the defendants by the return of process on them
or otherwise may have had a communication from them to enable you to
inquire and obtain their names.  If not, then my view is that you could
name them as Unknown Occupants, serve them, and then file a motion for
changing their names from Unknown Occupants to their actual names if the
service of process identifies them.  Some judges will allow just a Notice
of Name Change without needing a motion.

Robert L. Wunker, Esq.
rwunker at gmail.com


On Tue, May 20, 2014 at 11:52 AM, Daniel S. Carusi <dcarusi at bellsouth.net>wrote:

> Scenario 1: Client buys REO property from lender. Previous owner
> (defendant in foreclosure) remains on property. Court retains jurisdiction
> to issue a WOP.
>
> QUESTION: Do you believe the retention of jurisdiction to issue a WOP
> would apply to the purchaser from the bank?
>
>
>
> Scenario 2: Client buys REO property from lender. Property has occupants
> whose name/status are unknown.
>
> QUESTION:  In an action for possession (probably detainer), name
> defendants as “Unknown Occupants”?  Any other suggestions?
>
>
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