Effective January 1, 2011 - Senate Bill 1149 empowers tenants living in foreclosed properties to contest illegal evictions.
As of January 1, 2004 the existing law allows an unlawful detainer action to remain private until the action is complete and will only become public if the plaintiff should prevail. If the tenant should not win the matter the ruling will become public 60 days later. However in the case of tenants in possession after foreclosure many times the matters are dropped for lack of legitimacy and therefore will still be made public as the tenant did not actually win the case.
Senate Bill 1149 amends Section 1161.2 of the Code of Civil Procedure and provides that the court clerk may only reveal any part of the unlawful detainer action to the public if the owner successfully proves actual grounds for the case within 60days and receives a judgment from the courts.
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