After the trustee sale, the new owner will file an unlawful detainer (UD) lawsuit to evict you. This is a fast-track proceeding, but you have rights and potential defenses.
Unlawful detainer after foreclosure moves fast. Here's what to expect:
New owner must serve you with written notice. Clock starts when properly served.
After 3 days expire, new owner files UD lawsuit. You'll be served with summons and complaint.
You have only 5 DAYS (not counting date of service) to file an answer or demurrer.
UD cases get priority. Trial typically set within 20 days of answer filing.
If plaintiff wins, sheriff can execute lockout within 5 days after judgment.
If you don't respond within 5 days, the plaintiff gets a default judgment. You'll be evicted with no hearing and no chance to present defenses.
While defenses are limited in UD proceedings, you may be able to raise:
Sale was void (not voidable). Wrong beneficiary, no authority to foreclose, forged documents. Requires showing sale is a complete nullity.
3-day notice defective—wrong address, wrong parties, not properly served, wrong form of notice.
If you're a bona fide tenant, you're entitled to 90 days notice (not just 3). Federal and state protections apply.
Trustee's deed not properly recorded, sale not properly conducted, title hasn't passed.
If you filed bankruptcy, automatic stay may apply. Landlord must get relief from stay first.
Cash-for-keys agreement exists, or new owner agreed to let you stay under different terms.
UD courts typically won't hear:
You'd need to file a separate wrongful foreclosure lawsuit for these claims. The UD court focuses on one question: who has the right to possession?
Your answer to the UD complaint should:
Filing an answer requires a fee (approximately $435-$450). If you can't afford it, file a fee waiver request (Form FW-001) along with your answer.
Possibly. If you have a pending wrongful foreclosure case, you may be able to:
But the UD court won't wait forever—you need to show your other case is actually moving forward.
Cash for keys is a negotiated agreement where the new owner pays you to leave voluntarily. Benefits include:
Amounts typically range from $1,000 to $10,000+ depending on the property and situation.
Maybe temporarily. Bankruptcy triggers an "automatic stay" that stops most collection actions. However:
Consult a bankruptcy attorney if considering this option.
Bona fide tenants have significant protections:
To qualify as "bona fide," your tenancy must be arms-length, you must pay fair market rent, and you can't be related to the owner.
I represent homeowners in unlawful detainer defense and can help you identify defenses, file your answer, and negotiate with the new owner. Time is critical—you have only 5 days to respond.