Legal Question in Real Estate Law in California

Trustee sale

I rent a home which i just found out 2 days ago will be sold in 7 days as a trustee sale auction. I was not aware of this by my landlady do i have to be out in 7 days help


Asked on 11/20/07, 2:45 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Trustee sale

No. However, in most jurisdictions in CA, the new owner can serve you with a 30-day notice. If you're not out in that time, then they would have to go to court to bring an unlawful detainer action against you. In a handful of cities, eviction of a tenant because of foreclosure is illegal.

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Answered on 11/20/07, 2:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Trustee sale

I agree with the previous answer, and would add that (1) sometimes foreclosure sales are postponed; and (2) the new owner after a sale may be an investor that would be happy to have you remain as his or her tenant. Not everyone who buys at foreclosure wants to move in themselves. The foreclosing lender is a likely buyer, and if you are a good tenant you have a decent shot at staying on.

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Answered on 11/20/07, 3:12 pm


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