Legal Question in Real Estate Law in California

I am renting a house and just received a foreclose notice & auction notice on the door.


Asked on 6/23/11, 8:54 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

And your question is?

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Answered on 6/24/11, 9:39 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The notice is probably directed to your landlord,but you are certgainly entitled to know the facts stated in the notice. You should also forward the notice to the landlord. After a foreclosure, the buyer may have to honor your lease under recent federal legislation, if you have a lease, or may have to give you 60 days notice if you are month-to-month. Discuss this with the current owner/landlord and depending on your personal wishes, with any buyer at the foreclosure sale.

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Answered on 6/24/11, 10:21 pm

Under current law, a foreclosure does not immediately affect a tenant any more than a sale of the property. Apartment buildings, for example, change hands all the time with little change for the tenants. The same is basically true for a single family home, which it sounds like you are in. One difference is that the tenant needs to keep on top of the sale process to make sure they pay the original landlord up until sale and the new owner after. The other main difference is that the new owner may want to occupy the property or fix it up and flip it. If so, as Mr. Whipple said, you still are entitled to the full term of your lease, or 90-days if you are on a month-to-month, as long as you pay your rent and otherwise comply with the lease. You should also encourage your landlord to make arrangements for your deposit to be transferred to the new owner or refunded to you. Otherwise, even though the new owner and the landlord are jointly responsible to you for the deposit, you wind up in a three-way pointing match over responsibility for any damages and responsibility for paying you the balance.

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Answered on 6/26/11, 1:55 pm


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