Need help ASAP in CA.

[ginab]

I am a Tenant renting a condo from a private owner, haved lived her going on 2 years. The LL foreclosed...

To my suprise, on Oct. 21st I received a Notice to Vacate on my front door, addressed to my LL and also "All occupants". Giving LL 3 days to vacate and/or Tenant 60 days to vacate. To top that off, I was terminated/forced out from my job because my previous employer retracted on my work schedule, much needed to care for my ill daughter, but that's another story. Anyway, I have been tied up since leaving work with Unemployment and trying to move back to my hometown and haven't had time to figure out this whole foreclosure/notice to vacate.

Today I received a large envelope in the mail labeled "To All Occupants Residing at ......"

The documents inside are:

Summons - Unlawful Detainer-Eviction (Bank vs. LL)
Prejudgment Claim to Right of Possession (Bank vs. All Unnamed Occupants)
The Complaint for Unlawful Detainer (Bank vs. LL)
Copy of the Notice to Vacate from Oct. 21st (Bank to LL and/or Occupants)
Proof of Service

I planned to vacate within the 60 day period, this would allow time to either find another job and home, stay in CA. or move back to my hometown.

The Prejudgment states that I (Unnamed Occupant) have to respond within 10 days or the Eviction will be auto granted with no trial.

Do I file the response to the Prejudgment or can I move at the expiration of the 60 day notice???

Please help ! Thanks

You need to file a response. The bank has no idea there is a tenant in the property or if the LL has just abandoned it. The response you file should show that you are the tenant in the building, and that you intend to cooperate fully with the repossession, and request the 60 days to move out. This will give you the time needed to vacate.

The bank is just concerned about their property and wants to give any tenant in it an opportunity to inform them that you are there.

Thank you for responding...

My understanding is that if I file a response then I will be named in the Unlawful Detainer, which in turn will be reported on my credit file, right?

My dilemma is:

If I file the response then I will named in this suit and reported to the credit bureaus. True, it will buy me the time needed, but my credit means everything to me.

If I do not file a response, what are the consequences? Am I still allowed to stay through the 60 day notice which they gave me or will the Writ of Possession be granted automatically because no one responded?

Thank you!
GB

An unlawful detainer (eviction) is not reported on credit files. Only monetary judgements are (which are normally heard after the eviction). Evictions become court records, not credit reports. No judgement wil be filed against you since you do not owe them any money, the LL does. So this will not affect your credit.

If you fail to file an answer, the judge will rule summarily for the bank and grant them immediate possession. They probably aren't sure if anyone is even living there (hence the "Occupants residing at..." and "Unnamed occupants"). You need to answer to let them know that you are living there. Make sure that you answer politely and show them complete cooperation. Let them know that you will vacate within the 60 days as required and that no eviction action will be required against you. Tell them you were unaware of the foreclosure action and that you will move out now that you know. Let them know that your rent is current with the LL and that you have been paying him in good faith. Ask to stay informed in the proceedings. And let them know that you are already looking for another place to move to since you have been informed of the foreclosure action against the LL. Send a copy to the address they require on the summons and a copy to the foreclosure department of the bank. Then start looking for another place immediately.

Thank you so much for your help !!!

Gina