Free guide

How do I answer an eviction lawsuit after a foreclosure?

If you were served an eviction Summons (form SUM-130) and a Complaint, you usually have 10 court days to file a written Answer, most often form UD-105. Court days do not count Saturdays, Sundays, or court holidays. A letter or phone call will not protect you. If you file on time, you get a trial. If you do not, you can be locked out after a 5-day sheriff's notice.

By Guillermo Serafin, broker and owner of Serve First Realty. Updated October 2026.

How does an eviction start after a foreclosure?

After the auction, the new owner cannot just change the locks. That is illegal. They generally must first give written notice, then win an eviction case, called an unlawful detainer, in court.

  • A former owner may get a written 3-day notice to leave.
  • Qualifying tenants generally get at least 90 days' written notice, and some leases continue after foreclosure. Exceptions apply. Former owners should not assume the renter notice periods apply to them.
  • If the notice period ends and you are still there, the owner can file the case and have you served.

Step 1: Find your deadline

  • Write down the date you were served. You usually have 10 court days after that to file your Answer.
  • Do not count Saturdays, Sundays, or court holidays. You may have more time depending on how you were served.
  • If you were served through the Secretary of State's Safe at Home program, you have 15 court days.
  • Missed the deadline? If the owner has not yet asked for a default, you may still be able to file. Do it right away.

Step 2: Read the Complaint

The Complaint tells the judge why the owner says you must leave. The owner is the plaintiff. You are the defendant. Read each numbered statement and mark any that are wrong, or that you are not sure are true. A legal aid office or your court's self-help center can explain the words.

Step 3: Fill out form UD-105, the Answer

  • Item 2, denials: if the owner asks for $1,000 or less, you may check box 2a, a general denial. If they ask for more, you must list the exact statements you deny in item 2b. If you do not deny a statement, the judge may think you agree with it.
  • Item 3, defenses: these are legal reasons you should not be evicted. Examples on the form include a local rent control or eviction rule, the Tenant Protection Act, or retaliation. For each box you check, write short facts in item 3t.
  • Need more room? Use form MC-025 and label it with the item number, such as "Attachment 3t."
  • Item 7: you must say whether a paid unlawful detainer assistant helped you with the form, and list their registration if so.
  • Sign it. You are signing under penalty of perjury, so every statement must be true.
  • If you are short on time, fill it out the best you can and explain in detail why the law protects you. You can still get help before trial.

After a foreclosure, an important question is whether the notice you got was the right kind for you. A tenant and a former owner have different rights. Ask legal aid to help you check this.

Step 4: File and serve your Answer

  • Check whether your court requires any local forms.
  • Make at least 2 copies: the court keeps the original, one is for you, and one is for the owner.
  • File at the court shown on your Summons. There is a filing fee. If you cannot pay it, ask the clerk for a fee waiver form (FW-001).
  • Serve a copy on the owner or their lawyer the right way, and keep proof.
  • Each person named in the case should file an Answer. People can file one together only if they have the same defenses.

What happens if you do not respond?

The judge may decide without hearing your side, and there will be no trial. The sheriff can post a Notice to Vacate giving you 5 days to leave, then lock you out. The eviction may also show up on your credit report.

What if you lose?

You may ask the court for a little more time to move, called a stay of execution. The judge may give up to 40 more days, but usually less. You must bring money for each extra day, tell the owner at least 24 hours before, and ask the court at least 1 court day before your move-out date. This is hard to do alone, so get legal help.

Where can you get help?

  • Your court's self-help center and the California Courts Self-Help Guide.
  • Free legal aid at LawHelpCA.org.
  • Tenants can call the Tenants Together tenant rights call-back line at 1-888-495-8020.
  • Ashlar LDA is a registered Unlawful Detainer Assistant (No. 2026134816, Los Angeles County). It only prepares the documents you select, at your specific direction, for a price you know up front. It cannot choose forms for you, decide which defenses to raise, or recommend a strategy. We are not lawyers and cannot give legal advice, so we recommend legal aid or a lawyer for advice. Learn more on our how we help page.

General information, not legal advice. Sources: California Code of Civil Procedure sections 1161a, 1161b, 1167, and 715.010; Judicial Council forms SUM-130 and UD-105 (revised January 1, 2026); California Courts Self-Help Guide, The Eviction Process for Tenants.

Email me a copy of this guide

Optional: choose how Serve First Realty may contact you

All three boxes are optional. We will email your guide even if you leave every box blank. You may choose any, all, or none.

Your information: Serve First Realty uses your name, email address, guide choice, language, and email records to send your guide and check its delivery and use. Netlify sends your request to GoHighLevel, which creates a contact record and sends the guide. These emails track opens and link clicks. You can read this guide on this page without using the form.

We send guide follow-up and promotional emails only if you check the email box and have not withdrawn that permission. If you choose emails, we may use email open and click records to help decide whether, when, and what follow-up or promotional emails to send you. An open or click does not give new permission. Calls and texts require their own checked boxes. We will email your guide even if you leave every box blank. We do not send your guide request or email activity to advertising platforms. We keep records under the retention rules in our Notice at Collection and Privacy Policy. You can withdraw a choice at any time.

Optional phone contact: If you choose calls or texts, we also collect your phone number and a record of that choice. We send this information to GoHighLevel to manage the contact you chose. Calls and texts may include offers for Serve First Realty’s real estate and paid mortgage-help services. We do not use a phone number entered on this guide form for marketing calls or texts unless you choose that type of contact. Your email choice does not give phone permission. We keep limited consent and opt-out records to respect your choices and meet legal duties.

IMPORTANT NOTICE

Serve First Realty is not associated with the government, and our service is not approved by the government or your lender.

Even if you accept this offer and use our service, your lender may not agree to change your loan.

Asking for a guide or giving contact permission does not stop foreclosure or extend a deadline.

Served with eviction papers? Do not wait.

Court deadlines are short. Do not wait for a call with us. Contact a lawyer or legal aid office today. A free introductory call can explain our services, but it is not legal advice.

Book your free call See all free guides