Legal Question in Real Estate Law in California

Wow, no one answered this for a month.

Actually, the older law was that foreclosure wiped out the lease, which was usually junior to the deed of trust that was foreclosed on. That's because the title that is conveyed at the trustee's sale in a nonjudicial foreclosure relates back to the power of sale conveyed at the time the deed of trust was originally executed. Subsequent leases and other items are considered to be junior liens that are "wiped out."

Under the Protecting Tenants at Foreclosure Act, you would normally have until the end of your lease to live on the property. However, in cases in which the new owner or person who purchases the unit from the new owner will occupy the unit as a primary residence, the lease may be terminated as of the date of sale and new owner does not have to honor any existing lease for longer than the 90 days. However, the tenant must still be provided with at least 90 days� advance notice after the foreclosure before he or she can be required to vacate the property.

Thus, you are subject to a 90 day notice from the new owner.