Foreclosure Counterclaim
Counterclaim for unlawful eviction?
I live in Los Angeles and I lost my rental property to a foreclosure. The new property owners filed four different complaints on my tenants and listed my name as the defendant. I recently answered to one of the complaints because my real estate attorney advised me to because they could get a default judgement on me. I went to court, told the judge I did not live there before or after the sale and that was it. Now one of my tenants received another complaint with my name listed as the defendant again. This is the second time I paid $205 to answer to the complaint because I am afraid they will somehow put a money judgement on me. My question is what must I do step by step to get a counterclaim for both the court fee’s and time off work.
By all means consult your real estate attorney or one who specializes in landlord/tenant issues, as you should not be the defendant in any eviction case against another person. The resident of the premises should be the defendant. Google the California Landlord Tenant Act and read the pertinent sections. Also, check out the site below and scroll down to the section, “Renters in Foreclosed Properties No Longer Lose Their Leases.” It describes a law that protects tenants in your situation from eviction, and it sounds as if the new owner is trying to circumvent this law, signed by President Obama.
Homeowner Suit vs. Bank CEPersVid-22
