Legal Question in Real Estate Law in California

I am sure this has become a common question. I am currently renting a home. Notice of Default was filed on March 31,2009. The property management company stated they were doing a type of remod of loan or a selling the note. I have just received (addressed to occupant) stating that Notice of Trustee sale is supposed to take place on September 16th. I have been paying my rent and have paid for September's rent. My questions are: if it goes to auction (even if postponed due to volume) am I obligated to pay my rent? And how long is the notification of us to move... 90 days now? or 60? Thank you for your services. Your services have really been a God send when you don't know where else to turn. Thank you so very much.


Asked on 8/27/09, 12:01 pm

2 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

You have to pay the rent to the new owner after the house has been sold at auction, which could be the bank, but you're not obligated to pay the old owner through the management company. You will have at least 90 days to move out under new federal law passed in May. If you have a lease lasting beyond the 90 days then you get to stay until end of lease. The only exception is if the house was purchased at auction to an owner who plans to move in, and in that case, you still get 90 days.

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Answered on 8/27/09, 1:34 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would like to add that there is a small exception to the new federal law; it only applies to loans where there is some federal involvement, such as, I suppose, FHA, FNMA, etc. - otherwise the federal government would have no jurisdiction to affect state law on post-foreclosure tenant evictions and thus the law contains that specific requirement (of federal involvement).

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Answered on 8/27/09, 6:33 pm


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