Dad's foreclosures cause problems for tenant - his son

My father owned two homes, renting one to my family. My father and I had a written two-year lease and I paid him rent. Unfortunately, my father lost both homes to foreclosure. In December, a Realtor handed me a three-day notice to quit the premises. There was no way we could leave that quickly, and a friend told me the bank that took the house had to honor my lease. I have been served with a summons and complaint for unlawful detainer. I have filed an answer saying I have a valid lease, but I am wondering whether I will win this case. What is your opinion?

In May 2009, Congress passed the Protecting Tenants at Foreclosure Act, providing important new protections for tenants who are innocent victims of foreclosure. Tenants in foreclosed properties must be given at least 90 days written notice to vacate by the new owner. As applied to your case, the law also specifically excludes the child, spouse or parent of the prior owner, so it looks like the new act will not protect you. If so, the current owner need only serve a three-day notice for you to vacate the premises.

Consider negotiating a voluntary move-out agreement with the attorney who filed the case. In some cases, the current owner will be flexible on monetary damages in exchange for a move-out.

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This article appeared on page J - 4 of the San Francisco Chronicle