Legal Question in Real Estate Law in California

Bank foreclosed on landlord

I live in a tri-plex. We found out last month that our landlord hasnt been paying the mortgage on the property. As far as we know it is now in foreclosure. I would like to know my rights as far as the security deposit that was given to the landlord and what happens to us/the tennants? I realize we can stay here till the property has gone through foreclosure. But, what happens after that?? Do we stay till it is bought by another buyer/owner? And will we be notified of what is going on with the property??

thank you


Asked on 8/13/00, 9:47 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Bank foreclosed on landlord

You may be victims of rent skimming. This is a practice in which buyers acquire property with tiny down payments, take large security deposits and advance rent payments, then default. It is also practiced by owners of money-losing properties. When done deliberately it is fraud and when done on a large scale a crime. You might want to talk to the lending bank's fraud-prevention people or to the white-collar-crime specialist at the district attorney's if you suspect foul play. Of course, innocent landlords get into hot water from time to time.

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Answered on 9/18/00, 3:20 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Bank foreclosed on landlord

The new owner will need to evict you but you can offer to stay on as a tenant if the new owner agrees. You will have to sue the old owner for your deposit.

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Answered on 9/18/00, 4:14 am


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