Legal Question in Landlord & Tenant Law in California
The house we are renting in California is in foreclosure with a trustee's sale date of 3/28/2012. Normally I would mail the rent check on the 25th to be in before the 1st;however, I won't know who the new owner will be until 3/28. And actually, how can I find out if someone bought it or if it went back to the bank? I don't even know which bank holds the loan? There are 5 other houses on our street that have already foreclosed and are now bank-owned, so I don't think anyone will buy this house. Should I find out which bank owns the loan and contact them now to let them know our intentions to pay them rent on time should no one buy the house and it goes back to them? Our current lease expires 6/8/2012 and I don't want to break the lease by being late on our rent because we would like to rent even longer if we can.
1 Answer from Attorneys
There are a few ways to determine what's happening with the house. The best is to call upon a friend who is a realtor or somehow involved in the real estate industry. They have access to resources which can help you to identify (1) who is the servicer of the loan [the bank]; and more important, (2) the foreclosure trustee and foreclosure information. The later - the company actually conducting the foreclosure sale has an automated phone number you can call to determine the status of the foreclosure at any point in time. It will tell you if the sale has been postponed, or if it was actually conducted on the 28th. I would absolutely not send the rent until you are able to confirm that the sale did not take place. If the sale did take place, then you have to wait to hear from the buyer at the foreclosure sale. They will contact you within a few days of the sale to discuss your options. Make sure they know that you are a tenant with a lease. Although, under Federal law they cannot evict you until 90 days post-sale, which actually takes you out past your current anniversary date for your lease. If the bank takes the house back, it is unlikely they will continue to rent to you - they are not equipped to manage occupied properties. Instead, they'll give you the required 90 day notice, then attempt to negotiate to move you out sooner. They do this by offering money - "cash-for-keys." You have no legal obligation to leave before the 90 days are up, but they will try to make it worth your while to move sooner. If the property sells to a third-party buyer (I suspect you are correct that it won't if there are 5 other bank-owned properties on the block), then you might have a better chance to rent it longer-term. Good luck - you are one of many tens-of-thousands of people caught innocently in this fire storm.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."