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Los Angeles, CA |

Thru foreclosure lost rental property, tenants were month to month renters. I told them that the property was no longer mine & they had to vacate, they did not leave & a ULD ensued, 2 of the tenants were law students, they answered the ULD & so did I, but they continued to battle the atty., for a total of 8 months. The bank atty managed to win the ULD & a judgement for $7,000 + against me. How do I vacate the judgment? I told the tenants to vacate, I answered only so I would not default, bank atty., would not take my calls during process. What are my options? Please help.

I did not quite understand Mr. Chen's answer. I gave the tenants ample notice, they refused to leave, I answered the UD in defense of myself (former owner) why should I be held liable for the judgement. Is Mr. Chen stating that I should be liable because I answered? I did not live in the residence. The tenants answered using their own names, why did they not apply the judgement to them?

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Attorney answers 1


The rights of a foreclosed upon owner are different from a tenant of foreclosed property. the former owner (you) can be evicted on a 3-day notice, whereas the tenants are entitled to 90 days notice.

What would be the basis for you seeking to vacate the judgment? Presumably, this was not a default judgment since you answered, and you were properly served with the summons and complaint for unlawful detainer. It does not appear you have any option to vacate the judgment or to appeal if your tenants continued in possession of the property for 8 months.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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