Legal Question in Real Estate Law in California
Can we rent out our home while fighting foreclosure?
We are in the middle of fighting a mortgage company to stop foreclosure (they are not the servicer on our loan). Can we rent out our home to someone while in this process or would it possibly hurt our chances in court?
2 Answers from Attorneys
You can rent your home while faced with, and fighting, foreclosure, but you really need to disclose the facts which might result in a premature eviction to all prospective tenants, and this may make it difficult to rent the home as a practical matter.
It would be useful in discussing this question to know why you are fighting foreclosure. Do you mean that your are current on your loan(s) and the foreclosure is illegal? Or do you mean you are fighting (struggling) to come up with the money to get current on your payments? What kind of a fight? Do you have a lawyer? What is the real issue?
Is there a significance to the distinction between the "servicer" and the "mortgage company?" Why do you expect to be in court? 99.9% of foreclosures are done by trustee sales without any proceedings in court.
Contact me directly if you'd like a no-obligation discussion.
I agree with Mr. Whipple.
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