Legal Question in Real Estate Law in California
Foreclosure/with renters
Is there obligation of owners of property to notify renters that property has gone into foreclosure and date of sale at public auction? What does this mean for us?Have been a renter in a duplex with owner/landlord residing next door for 18 years..property being sold at public auction 1/26/09 and purely by accident that we became to know of this. Documents meant for Unit B were posted on our door Unit A on 1/7/09. Is there anything we can do? The indebtness is approx. 30K.
1 Answer from Attorneys
Re: Foreclosure/with renters
I spent about 1/2 hour looking for such a law, using a couple of WestLaw searches, and found none.
Civil Code section 2924b covers parties to whom Notices of Default must be sent by a foreclosing lender, and the list doesn't include tenants as a category. A tenant can always record a Request for Notice of Default and would thus have to be given notice by the party proposing to foreclose.
I personally think there ought to be a law requiring landlords to notify tenants when they receive a Notice of Default, but I do not believe such a law is on the books today. As the problem spreads, the legislature is likely to act.
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