Legal Question in Landlord & Tenant Law in California

Re: landlord/tenant /forclosure

First, who is suing you for unlawful detainer - the mortgage company or the landlord? That's an important distinction. If the mortgage company is suing you, first they must have completed the foreclosure, and now own the property. Second, they must have served you with a 60 day notice to vacate the property before they can file a lawsuit. If it is the landlord/property owner who filed the unlawful detainer, then he too must have served you with some form of notice before he can file the suit. What does the complaint say - you need to read it and determine why they are evicting you. You need to retain a local attorney to defend this, or at a minimum, advise you if there is a defense to the suit. If not, you need to start packing because after the case is heard by a judge, you'll have about five days to vacate before the Marshall locks you out, unless you stop it with a bankruptcy.

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