Legal Question in Landlord & Tenant Law in California

Re: rental fraud

Your question is ambiguous.

Has the house actually been foreclosed? Who is the tenant? Homeowner? Renter? What kind of protection?

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Re: rental fraud

The easy answer is YES - you can rent a house whenever you want really but it has to be your house. I am going to assume that you have rented a home that you have found is in foreclosure? If not ignore - your question is ambiguous but it appears you may have been the victim of a common scam especially in CA. The scam is that a person - usually someone who does not even really own the home or is not the mortgagee - rents to unsuspecting persons collecting rent while intentionally failing to pay the payments. They take your deposit and your rent and then disappear leaving you with nothing. IF YOU SUSPECT this is the case check the county recorder to see who actually owns this home AND who is on the deed of trust. This could amount to criminal fraud if these people are part of this scam and you should make a police report. Unfortunately there is nothing that protects a tenant in this situation - when the house is foreclosed on, you will - if you do not move out on your own - be evicted and have an unlawful detainer on your record. So find out who owns the home AND whos name is on the Deed of Trust - The person(s) responsible for the payment on the deed of trust are still responsible even if they do not show up as as owner of the home. Find out this info ASAP - I would not tell you to hold back rent until you do find this out as you may be at hazard but if you are paying scammers you need to know now and get out. Your only recourse them will be to try and sue the scammers (good luck)for unreturned security deposit if any - and maybe some other damages but would need to know a lot more.

If the actual owner rented to you knowing they were not making payments and would be foreclosed on and this was intentional this also could be fraud but more likely a breach of contract of you ave a lease - they are required to return your security deposit pursuat to CA law - look at the CA Depart of Consumer protection site under landlord tenant - they have a good book that walks you through it.

BEST advice though is first find out who you are actually paying and it may not hurt to inform the mortgage company that you are renting and were not aware of the situation (if true) they may allow you to leave without serving unlawful detainer papers on you.

Good Luck - and find a lawyer if it gets ugly. Please note what county you are in if you e-mail me.