Question

The person who most likely would make use of the legal remedy known as “Unlawful Detainer” would be a:

Selections

• A. Trustor

• B. Holder of a note in default

• C. Lessor

• D. Grantor

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Answer: C

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5 Keys Summary

• The person most likely to use the legal remedy of Unlawful Detainer is the Lessor, who is also known as the landlord.

• Unlawful Detainer is defined as the court action initiated by a landlord to evict a tenant.

• 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).

• 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.

• 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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