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Foreclosure Forum |
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Renter's post-sale time to vacate...In Reply to: Renter in forclosure posted by Pat on March 19, 2004 at 9:29 AM : I have a few questions after reading responses to my first query. How do I know my rental agreement was "recorded". I do have my copy ot the agreement but did the owner know it had to be "recorded" and if it was not recored, when will we have to leave by. Thank you ================== Pat, #1. Only the renter is interested in recording her rental agreement. So if you didn't record it, it's not recorded. #2. Hardly any rental agreement is recorded. So your rental rights did not survive the trustee's sale. CA Civil Code §1161 gives a tenant 30 days to vacate due to foreclosure and 3 days for an ex-owner to vacate. The time begins when the new owner by foreclosure serves the notice on the occupant, after she has recorded her trustee's deed. Hope this helps.
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