Legal Question in Real Estate Law in California

I am renting a home in California since June 2011 and signed a one year lease. I have discovered that the landlord is in default on their property taxes since 2010. I have requested plumbing repairs since I moved in, but the landlord is non-responsive. I'm now suspicious that they may be in default of their home loan since they are in default for property taxes and are not doing repairs. How do I find out if they are in default of their home loan? It doesn't seem right to pay the landlord if they are not paying their lender. Can I just pay the lender directly? What are my options?


Asked on 8/05/11, 12:15 pm

2 Answers from Attorneys

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

There are perhaps three possibilities that come to mind, and you could do any one or any combination:

(1) Ask the landlord as a direct question whether he is current on his loan.

(2) Go the the County Recorder's office and look up information by his name, by the assessor parcel number, or by the address, to see if the lender has recorded a Notice of Default. This doesn't always happen quickly these days, even when there is a default.

(3) You can also record a Request for Notice of Default in the form and following the procedures set forth in Civil Code section 2924b. Note that the request must be notarized.

You do have to keep paying the landlord unless and until a lender steps forward and exercises their rights under the assignment of rents contained in the deed of trust.

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Answered on 8/05/11, 1:24 pm
George Shers Law Offices of Georges H. Shers

Mr. Whipple is entirely correct. Paying the bank does not get rid of your obligation to pay the landlord and the bank might not be able or willing to credit the landlord with any of the payments you make. That the landlord is not paying the mortgage is not really your business; the landlord is paying in the form of loss of credit standing, higher future interest rates, etc. he will not be able to claim any of the key/move out bribe money the lender will probably pay you after foreclosure for you to leave the house without need for an unlawful detainer action.

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Answered on 8/05/11, 2:35 pm


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