1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES-XXXXXXXXXX COURTHOUSE

) Case No.: XXXXXXXXXXX ) ) LIMITED CIVIL CASE Plaintiff, ) ) ANSWER-UNLAWFUL DETAINER vs. XXXXXXXXXXXX an individual; All others ) ) in possession; DOES 1 through 20, inclusive, ) ) ) Defendant, ) ) ) ) ) WELLS FARGO BANK

ANSWER TO COMPLAINT BY DEFENDANT XXXXXXXXXX UNLAWFUL DETAINERAND RESPONSES TO ALLEGED ALLEGATIONS: Defendant, XXXXXXXXXXX, an individual, hereby Answers the Complaint by the Plaintiffs by denying the Allegations, and alleging as follows: 1. In answer to Plaintiffs complaint, paragraph 1, this answering Defendant denies said allegations. FIRST AFFIRMATIVE DEFENSE 2. Plaintiff has failed to state a cause of action compensable and/or actionable under California law and /or procedure. SECOND AFFIRMATIVE DEFENSE 3. Plaintiff has not properly served Defendant. Defendant was served with only a Summons but was not served with a Complaint. Although the attorney for Wells Fargo knew a

ANSWER UNLAWFUL DETAINER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

tenant residing on the property he failed to properly serve the tenant and is in violation of Title VII-Protecting Tenants at Foreclosure Act 2009. THIRD AFFIRMATIVE DEFENSE 4. Plaintiff has not complied with Title VII-Protecting Tenants at Foreclosure Act 2009. On May 20, 2009, President Obama signed the Helping Families Save Their Homes Act of 2009, Public Law 111-22. Included in the public law is the Protecting Tenants at Foreclosure Act (Division A, Title VII), which provides protections for tenants, including tenants in housing subsidized by Section 8 of the United States Housing Act of 1937, who are living in homes subject to foreclosure. 1. Section 702. Effects of Foreclosure on Preexisting Tenancy. a.) In general- In the case of any foreclosure on a federally-related mortgage loan or on any other dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to- (2) the right of any bona fide tenant, as of the date of such notice of foreclosure(A) Under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate the term of the lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90 day notice under paragraph (1); Under the Protecting Tenants at Foreclosure Act: (B) All tenants must receive a 90-day notice before being evicted as the result of a foreclosure. (C) With some exceptions, the law requires that in the event of foreclosure, existing leases for renters are honored to the end of the term of their lease. (D) The stated exceptions are for tenants without a lease, tenants with a lease terminable at will under state law, or where the owner acquiring the property

ANSWER UNLAWFUL DETAINER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

will occupy it as a primary residence. In these cases, the tenants must receive a minimum of 90 days notice to vacate the property. (E) This law does not affect the requirements of any state or local law that provides longer time periods or other additional protections for tenants. (F) The new law does not require any agency to issue implementing regulations; these protections apply to foreclosures after May 20, 2009. (G) FDIC examiners will monitor and enforce compliance with the requirements of this law in the same manner as other consumer protection laws and regulations under State law, subject to receipt by the tenant of the 90 day notice under subsection (1). FOURTH AFFIRMATIVE DEFENSE 5. Plaintiffs notice is defective, the owner of the property XXXXXXXXXXX who has filed for protection of the property under the bankruptcy code, although the property was protected by the automatic stay, Plaintiff continued with sale of the rental property without first obtaining an Order from the Bankruptcy Court allowing to proceed with sale of the property. FIFTH AFFIRMATIVE DEFENSE 6. The alleged summons is dated XXXXX, 2012 7. The alleged Summons was allegedly served on XXXXXXXXXX, 2012 it does not state whom, how or what time it was served. 8. The service was not duly executed; Defendant was unaware of said complaint. 9. Plaintiff had no standing when summons was served. 10. The complaint is premature because tenant would like to continue out his lease agreement and have not been afforded to do so. SIXTH AFFIRMATIVE DEFENSE 11. By filing this action based on a defective notice, Plaintiff has filed this action prematurely.

ANSWER UNLAWFUL DETAINER

1 2 3 4 5 6 7 8 9 10 11

SEVENTH AFFIRMATIVE DEFENSE 12. Without a valid offer to continue the terms of the rental lease agreement and failure of Plaintiff to comply with Title VII-Protecting Tenants at Foreclosure Act 2009. Plaintiff has no cause of action. EIGHTH AFFIRMATIVE DEFENSE 13. The passage of time cannot cure a notice that is facially void. NINTH AFFIRMATIVE DEFENSE 14. As a separate and affirmative defense to the complaint, and to each and every purported cause of action therein, Defendant reserves the right to amend this Answer at a later time to assert any matter constituting an affirmative defense as discovery demonstrates applicable.

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREFORE, answering defendant prays that judgment be entered as follows: 15. That the Plaintiff take nothing by way of Plaintiffs complaint; 16. That the unlawful detainer action be dismissed in favor of answering Defendant; 17. That the court declare the alleged notice void on the notices face and incurable; 18. That because of the void notice that the court rule Plaintiff has failed to state a cause of action. 19. For the cost of suit; and 20. For any and all further relief as the court may deem just and proper. Dated: ____________, 2012 Respectfully submitted,

XXXXXXXXX,Defendant

ANSWER UNLAWFUL DETAINER

1 2 3 4 5 6 7

VERIFICATION I, XXXXXXXXXXXX, am the Defendant in the above-entitled action. I have read the foregoing summons and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe to be true. I declare that I am a tenant residing on the property and have not been contacted to continue out my rental lease agreement by the Plaintiff although the plaintiff is

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

aware the property is in possession of a tenant and the Plaintiff has failed to comply with Title VII-Protecting Tenants at Foreclosure Act 2009. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: XXXXXX, 2012 _______________________________ XXXXXXXXXXXXXX,Defendant

ANSWER UNLAWFUL DETAINER