Have Legal Questions? Ask a Lawyer Now.
The bank is simply trying to perfect its right to possession against anyone who might attempt to assert the right to remain in possession. So, you can do nothing and allow the default. Alternatively, you could respond to the motion that the unlawful detainer is moot as against you, since you had vacated the property prior to foreclosure, and that any default should be entered only as to any other parties, on grounds that you will suffer an injury to your credit based on an additional judgment that will have no legal effect on you.
I can't tell you what you should do -- you'll have to make that decision.
Hope this helps.
Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.
You have write a plain-paper pleading. If you've never done anything like that, you'll have to visit a local law library and look through a civil practice guide on pleadings. You could suggest that the court has no "subject matter jurisdition" to award damages because you haven't been in possession of the property since the plaintiff's unlawful detainer was filed, and that the plaintiff's action should be dismissed.