Legal Question in Real Estate Law in California

Re: 1 year lease on a foreclosure home and we are only 4 months into the lease?

You need more information from the lender. It takes about 110 days after giving notice of foreclosure before the foreclosure auction can actually occur. Normally the lender waits at least 3-4 months before giving notice. The lender takes the property subject to any rental agreement in place; they would have to pay you to leave. Many realtors have no real idea of what the laws provide.

The house can not be put on the market until the lender purchases it at the foreclosure sale. It sounds as though that is three months away. A landlord must give a tenant reasonable notice before entering the premises, including to show it. Demand from the realtor the legal basis for everything she proposes doing.

Re: 1 year lease on a foreclosure home and we are only 4 months into the lease?

Sorry to say, you are in a bad spot. First, the lease will be terminated by virtue of the mortgage foreclosure sale when it takes place, and not until that time. A mortgage is a superior interest in the property to your rights as a leaseholder (unless you can show that the lease was entered into AND a memorandum of lease was recorded in the chain of title to the property prior-to the mortgage instrument [Deed of Trust] being recorded). Its almost 99% certain that there was no recorded memorandum of lease, nor was it entered into prior the mortgage. As such, you will be evicted after a 60 day notice from the lender (post-foreclosure sale). Don't let the agent bully you around. You have an absolute right to remain in the property until the foreclosure sale, because as long as the landlord owns it, your lease is still in full-force and effective. Read your lease to see what it says about a sale - generally it does not terminate the lease (assuming the landlord can actually sell it prior to the foreclosure), and the buyer buys it subject-to your lease. Additionally, you need to know what your rights are in terms of making the home available to be shown to prospective buyers. Yes, the landlord is in the wrong here, but your options are to take him to court (remember, he's in foreclosure and likely does not have any money to go after), or ride out as much of that lease as you can (yes, you still have to pay rent until the foreclosure sale) until the home is lost in foreclosure. More lenders are now starting to consider renting homes they foreclose, so you may be able to work a deal with the lender once they own it to stay in place, and probably for lower rent than you pay now in return for making it available to be shown.

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Re: 1 year lease on a foreclosure home and we are only 4 months into the lease?

Your remedy is to sue the landlord, asap. If the lender is foreclosing, you are going to get evicted sooner or later, unless you cut a deal with them to stay. It might be worth your time and money to have an attorney try to negotiate a deal for you, but you can contact the lender and try yourselves.