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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Lease ends at Trustee's Sale Posted by Kristine-CA on May 07, 2010 at 9:16 AM In Reply to: Lease ends at Trustee's Sale posted by bukzin on May 06, 2010 at 12:39 AM Maybe your attorney could cite something to support his claim....what and where in CA law trumps the federal law. The new federal law, indeed, terminates leases at the time of transfer after a trustee's sale.....but only for buyers who will become owner occupants. Is that your intent? Did your attorney come to that conclusion on his own? I can see attempting that strategy, but tread carefully if you have a tenant/occupant who knows their rights. : I spoke with my (California) eviction attorney regarding : leases and 90 Day notices. : He states that 'all rental agreement are terminated at the : time of the trustee's deed recording'. : He further stated this applies even if the lease was written : before the NOD was filed or if the lease was recorded. : Also stated it applies to all occupants, tenants, family etc. : At the end of the 90 Day period he will file an Unlawful Detainer : to get possession. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : Maybe your attorney could cite something to support his claim....what and where in CA law trumps the federal law. The new federal law, indeed, terminates leases at the time of transfer after a trustee's sale.....but only for buyers who will become owner occupants. Is that your intent? Did your attorney come to that conclusion on his own? I can see attempting that strategy, but tread carefully if you have a tenant/occupant who knows their rights. : : : I spoke with my (California) eviction attorney regarding : : leases and 90 Day notices. : : He states that 'all rental agreement are terminated at the : : time of the trustee's deed recording'. : : He further stated this applies even if the lease was written : : before the NOD was filed or if the lease was recorded. : : Also stated it applies to all occupants, tenants, family etc. : : At the end of the 90 Day period he will file an Unlawful Detainer : : to get possession. [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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