Legal Question in Real Estate Law in California

The home I am renting is being auction on October 30th. I am curious as to why the asset manager told our landlord that we would have only 20 days to vacate after the sale when everything I have read has stated the tenant protection signed May 20th states 90 days. Also, am I entitled to my deposit back? I am in a month to month now and have been in the property for a year and a half. Can they enter the property after it reverts back to the bank?

Thanks,

No place to go in California


Asked on 10/11/09, 10:41 pm

1 Answer from Attorneys

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

You probably are going to have to do some investigation on your own as to what kind of loan is being foreclosed. The 90-day law is a Federal law, and the Federal government does not have unlimited power to re-shape private contracts. The Federal 90-day law ONLY applies to loans in which some Federal agency is involved, like FHA or Fannie Mae. Honestly, I don't know all the particulars, but your starting-point approach to understanding whether you have rights under the new Federal law is to determine whether your loan is one to which the new law applies, or not.....

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Answered on 10/12/09, 12:30 am


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