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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] follow up to rick Posted by bob on March 18, 2004 at 6:17 PM In Reply to: Re: Renters rights & forclosure posted by Rick Harmon on March 18, 2004 at 12:18 AM : : : : The house I am renting is in forclosure and the trustee sale is March 23rd. What is going to happen, when must I be out by, and what process is going to happen. I have no idea about theses tings, also what do I need to do to, at least, stay past the sale, and what is going to happen after the sale. Any help would be appreciated. I live in Cal. : : : CA law says is that if you have been there less than 1 yr. you can be given 30 days notice to vacant. If you have been there more than 1 yr, its 60 days. I have purchased rental properties and I know that the contract with the tenant "survives" the sale. I am not sure if there is any special circumstances for forclosures. : : : If an investor buys, they mostly likely will not force you out, but certainly can do things like raise the rent, etc. : : : Hope things work out fine for you. : : With a Foreclosue the new owner is only required to give you a 30 day notice to vacate. After which if you do not leave the new owner can start an eviction which would be detrimental to your credit. Some investors might be willing to give you anywhere from $500 to $1000 to move out now. : ========================================== : The contract would only "survive" the sale if it had been executed prior to foreclosing lender's trust deed. If it were a month to month agreement, this would all be moot anyway. : If I were the tenant, I would expect that any 3rd party trustee sale buyer would be willing to negotiate a dignified move, perhaps offering the tenant money in return for (and only after) vacating within a certain time frame (i.e., a week or two) in return for a smooth, orderly transfer of possession. : Always best to take the high road. : Rick Harmon Rick Wouldn't the lease or rental agreement have to be recorded prior to the recording date of the foreclosing loan in order for it to remain in effect? If not wouldn't there be great potential for fraud. Bob Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : : : : The house I am renting is in forclosure and the trustee sale is March 23rd. What is going to happen, when must I be out by, and what process is going to happen. I have no idea about theses tings, also what do I need to do to, at least, stay past the sale, and what is going to happen after the sale. Any help would be appreciated. I live in Cal. : : : : CA law says is that if you have been there less than 1 yr. you can be given 30 days notice to vacant. If you have been there more than 1 yr, its 60 days. I have purchased rental properties and I know that the contract with the tenant "survives" the sale. I am not sure if there is any special circumstances for forclosures. : : : : If an investor buys, they mostly likely will not force you out, but certainly can do things like raise the rent, etc. : : : : Hope things work out fine for you. : : : With a Foreclosue the new owner is only required to give you a 30 day notice to vacate. After which if you do not leave the new owner can start an eviction which would be detrimental to your credit. Some investors might be willing to give you anywhere from $500 to $1000 to move out now. : : ========================================== : : The contract would only "survive" the sale if it had been executed prior to foreclosing lender's trust deed. If it were a month to month agreement, this would all be moot anyway. : : If I were the tenant, I would expect that any 3rd party trustee sale buyer would be willing to negotiate a dignified move, perhaps offering the tenant money in return for (and only after) vacating within a certain time frame (i.e., a week or two) in return for a smooth, orderly transfer of possession. : : Always best to take the high road. : : Rick Harmon : Rick : Wouldn't the lease or rental agreement have to be recorded prior to the recording date of the foreclosing loan in order for it to remain in effect? If not wouldn't there be great potential for fraud. : Bob Optional Link URL: Link Title: Optional Image URL: [ 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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