Question
nnnnThe person who most likely would make use of the legal remedy known as “Unlawful Detainer” would be a:
nnnnSelections
nnnn• A. Trustor
nnnn• B. Holder of a note in default
nnnn• C. Lessor
nnnn• D. Grantor
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Answer: C
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5 Keys Summary
nnnn• The person most likely to use the legal remedy of Unlawful Detainer is the Lessor, who is also known as the landlord.
nnnn• Unlawful Detainer is defined as the court action initiated by a landlord to evict a tenant.
nnnn• This legal procedure is typically used when a tenant has violated the lease agreement, most commonly for non-payment of rent or for refusing to vacate the property after the lease term has expired (a holdover tenant).
nnnn• If a court grants a landlord a judgment in an unlawful detainer action, the landlord may obtain a writ of possession to legally retake the property.
nnnn• In contrast, a Trustor is the borrower, and a Holder of a note in default (lender/beneficiary) would typically pursue foreclosure, not an unlawful detainer action, to recover funds.
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