California Real Estate Salesperson Exam Practice - Quesiton 40

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.

Explanations

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

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.

In contrast:

• 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.

• 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.

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

Concepts Definitions

• Unlawful Detainer: A special court proceeding used by a landlord (lessor) to evict a tenant (lessee) from a property for reasons such as nonpayment of rent or holding over after the lease expiration.

• Lessor: The owner of real property who rents it to another person; a landlord.

• Trustor: The borrower or owner in a deed of trust transaction, who grants the property as security for a debt.• Promissory Note: A borrower's signed promise to repay a loan to a specific person under specific terms.

• Grantor: The person conveying an interest in real property; typically the seller in a deed.