Legal Question in Real Estate Law in California
I was the landlord of a place that foreclosed last year 2011 and was sold at auction October 17th 2011. The property was auction off 11/17/2011. The tenant who was living there never left. I have received a notice from the tenant saying I have to sign and file a "Answer-Unlawful Detainer" form. It needs to be in by Monday at the court house. My place foreclosed last year and on top of that we went through a Chapter 7 bankruptcy. Is there anything I need to do since my name is on the papers. The tenant is also saying she will pay for the court fees to file this form, go figure. Some of the forms say there was notice back in November 2011 "Notice to Quit". She is hiding something and I don't want to sign these forms. Please help?
2 Answers from Attorneys
Contact the lender and point out that you are not occupying and have never occupied as a tenant the premises so should be dismissed from the suit. If the lender refuses, say you will then go against them for abuse of process by filing a worthless suit against you.
I'd speak to an attorney immediately. The first concern that I have is whether the lender knew the property was leased, and there was a valid lease. Second, I would want to know if when the tenancy began, and whether or not you could be accused of engaging in "rent skimming."
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