Legal Question in Real Estate Law in California

Can we begin the default process on a property that is currently being rented and under process of eviction?


Asked on 10/07/11, 6:55 pm

2 Answers from Attorneys

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

Who is the "we" here? Are you a lender, with a loan on the property? If you are a secured lender, or the current beneficiary, with a note and deed of trust on the property, and the borrower has defaulted, the fact that the property is currently being rented and that the tenant is being evicted has little or no effect on your right to foreclose. I suggest you retain a lawyer or a bonded foreclosure service to ask about timeliness and procedure for commencing the "default process," although I'm only guessing what you mean by that phrase.

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Answered on 10/08/11, 10:51 am

I'm with Mr. Whipple on this one. You need to provide a much clearer question before we can really help you, but I agree that a lender's right to declare a default and foreclose is completely unrelated to and almost entirely unaffected by anything to do with tenants on the premises. The only connection is that the tenants have certain rights after foreclosure that a foreclosing lender would then have to deal with.

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Answered on 10/08/11, 11:14 am


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