Legal Question in Real Estate Law in California

The new law you are referring to is the Protecting Tenants at Foreclosure Act of 2009, and has been passed by the US Legislature, and signed by President Obama. It is sometimes referred to as the "Obama Law" by attorneys who practice in evictions. If they did not give you the 90 day notice required by that law, then you will have to fight an eviction on the basis that they did not give you sufficient notice. If, however, the owner of the property is living in the home with you (roommate situation), or you are related by blood to the former owner, or if you do not have a bona-fide lease, then you are going to be completely out of luck, and do not get the benefit of that new law. If they have started eviction (i.e., they have filed an unlawful detainer lawsuit) you need to file an answer to the lawsuit, and have it heard by a judge. You can also contact the opposing attorney and see if they will voluntarily drop the lawsuit given that they have not provided you with the proper notice. Odds are not great that they will voluntarily drop it, so be prepared to file an answer asserting the lack of proper notice as a defense, and take it to trial.

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