Legal Question in Real Estate Law in California

hello.. the house my family is renting is under foreclosure, BUT the owner has not let us know.

we found out through a neigbor who is a friend of his. he still charges the rent but has stopped with his own payments...

we are afraid of randomly getting kicked out with out ever receiving notice.

is there anything we can do if we do get kicked out since we have just one month to leave yet havent been told anything...?


Asked on 1/14/11, 4:07 pm

1 Answer from Attorneys

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

Here are a few thoughts on this situation:

(1) I am a big believer in openness and, in an appropriate situation, confrontation. Why not just ask the landlord, "Are you being foreclosed upon?"

(2) Follow-up question - "When?" He may not know, but asking the question should bring out some information.

(3) There is always uncertainty for the owner, because the bank may not push ahead at any particular stage of foreclosure as quickly as the law would allow. Sales get postponed even after being noticed.

(4) Tenants with unexpired leases may be able to remain in the home under the Protecting Tenants at Foreclosure Act. Look it up on Google.

(5) There is no free lunch for the tenant. You need to pay rent to someone. Until officially instructed to pay rent to the lender under an assignment of rent, or to a new owner after a sale of the property, your best bet is to continue paying rent to the landlord. Be sure to get receipts or at least pay by check with the purpose written on the check - e.g., "Jan. 2011 rent - 123 Main St."

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Answered on 1/19/11, 6:42 pm


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