RE: unlawful detainer filing

If a tenant “goes on record” in order to fight a u/d complaint, what are the credit implications?

When a Notice to Quit or U/D is filed/served it may be addressed as “(Name of owner of record) and all occupants, tenants and Does 1-10″ or something to that effect.

At that point, the tenant is anonymous and unknown. Once they file a Prejud claim of right of possession or any type of answer, they effectively “surface”, are updated in the evicting attorney’s paperwork, and are now known.

Even if the tenant prevails, the case is settled without an adverse judgment against the tenant,etc will the tenant’s answer and defense become public record and therefore scrap-able by the credit bureau data parasites?

Could an eviction end up on a tenant’s credit report even if the do not “lose” the u/d case?

Thanks.

When does the new “90 days notice to vacate to tenants in possession of the property at the time of the foreclosure” federal law actually cover?

“At the time of foreclosure” refers to what? The filing of the NOD, the NOT, or the actual date of reversion to the (lender) beneficiary on the deed of trust or sale to a 3rd party at the courthouse?

In other words, if someone is in possession BEFORE the sale date but AFTER the filing of the NOD and NOT what then?

What if the NOD was filed (so the effective date of the start of the foreclosure process) BEFORE the May 20, 2009 date of the federal legislation but AFTER the CA 1161b date?

Would a tenant be only protected by 1161 or would they have the federal protection?

This comes up quite a bit because even though it is technically a 111 day clock from NOD to sale date, many of the lenders have LAGGED big time on the foreclosure process. If they even file an NOD, they may wait months and months before filing the NOT, and then may postpone the sale repeatedly.

Bottom line – it can be a very drawn out process where it is quite possible for a unit to be rented out even though it may be well into the foreclosure process.