Legal Question in Real Estate Law in California

in california what are renters right when owner of property has lost home to foreclosure? The house is owned by trust comp. but will be auctioned tomorrow.


Asked on 4/19/11, 11:37 pm

1 Answer from Attorneys

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

Under the "Protecting Tenants at Foreclosure Act of 2009" most leases remain in effect after a foreclosure for their full remaining term, and most month-to-month renters get 90 days. The exceptions are (1) if the buyer at the foreclosure sale intends to occupy the property, and (2) in order for the Federal law to apply, there must be some "Federal connection" to the loan, such as it having been made by a Federally-chartered bank. Another possibility is that the buyer at the foreclosure sale will want to continue to rent to you and will write you a new lease.

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Answered on 4/20/11, 9:59 am


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