California Real Estate Salesperson Exam Practice – Quesiton 40

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Explanations

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An unlawful detainer is a legal action initiated by a landlord to evict a tenant.

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The term for a landlord is also a “lessor”. This process is used when a tenant refuses to leave the premises after their lease term is up, the lease is canceled, or the landlord is owed back rent and late fees. If the court agrees with the landlord, a writ of possession may be issued, granting the landlord the legal right to retake the property.

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In contrast:

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• A Trustor is the borrower or owner in a deed of trust transaction. They are the party who provides the property as collateral for a loan.

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• A Holder of a note in default refers to a lender or investor whose promissory note (debt instrument) is not being paid. Such a party would typically pursue foreclosure, not an unlawful detainer, to recover their funds.

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• A Grantor is the person conveying an interest in real property, usually the seller in a deed.

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