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Old 12-04-2007, 03:41 PM
 
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Are there any rights for a renter who is in a property that is being foreclosed? Are there any funds allocated for the renter? What about deposits etc? Is there anyway to stay in the property? What if the landlord knowingly rented while going in to foreclosure?
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Old 12-04-2007, 04:32 PM
 
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Local and State laws govern tenants rights. In my experience, the Bank still must must give proper notice to vacate... and if they don't, you need to remind the bank of your rights.

Your best leverage is when the Bank would like you to vacate immediately and offer and incentive for you to move early.

The problem with just about all foreclosed properties is that eventually you will have to move... just try to negotiate an incentive for yourself. Look into buying if you really want to stay.

I posted info on this same subject recently.

Security deposit can be a real problem because it is doubtful you would have any luck collecting from someone in Foreclosure.
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Old 12-04-2007, 05:12 PM
 
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Thank you. I believe that the mortgage company is trying to contact me, I have had form letters dropped off, do you duggest I respond?
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Old 12-04-2007, 05:52 PM
 
Location: Phoenix Arizona
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Wrong. The bank has no liability to you the renter. Their (the bank's) only liability and of fiduciary responsibility is to the lien holder. Since you are a renter in a property that is being foreclosed, it will only be a matter of time before the constable shows up and you will have minutes and maybe an hour to vacate the premises. The constable has a gun and police powers so there is no negotiating. The only thing you can try is contacting your landlord (the one in foreclosure) and ask him if you could try and buy the home...then contact his lender (the bank) and see what they will do...more than likely you will have to pay back payments to bring the mortgage current as well as qualify with the bank for a new loan.

What you should do immediately is find out how much time you have left...as when the constable shows up time is up and you are on the street and the best you can do is sue your landlord. Which if anyone knows anything about suing, judgments are only a piece of paper....it's collecting on that judgement that is the tough part.
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Old 12-04-2007, 06:20 PM
 
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Found some info from researching some sites:

After the foreclosure sale and the new owner, in many cases the bank, they must still go through the eviction process. The former owner must be served with a 3 day notice. Any legal renters of the foreclosed property must be given 30 day notice.

If they try to serve you with a 3 day notice, remind them that your a legal renter and a 30 notice is required.

Your best bet now is to contact the Los Angeles County Department of Consumer Affairs. Ask for the dept that deals with rentals. They should be able to let you know for sure.
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Old 12-04-2007, 10:26 PM
 
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Quote:
Originally Posted by Mathiasthegreat View Post
Wrong. The bank has no liability to you the renter.
Sorry, but this is not the way it works in California. In my city, any owner, be it through purchase, foreclosure or condemnation MUST give the renter proper notice.

ONLY THE SHERIFF can forcibly remove someone from their home and this IS ONLY after a successful Unlawful Detainer Action is brought to court.

The reality is that it can take 90 days to legally evict a tenant not in default... i.e., the rent is current and in compliance with the terms of the rental agreement.

MY POINT is that you will have to move eventually... why not offer to willing move in consideration for a full return of your security deposit and a cash payment. Depending on how quickly the bank whats you out, you may do very well... my friend did just that last September.
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Old 12-06-2007, 06:26 PM
 
Location: Phoenix Arizona
39 posts, read 164,359 times
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Quote:
Originally Posted by Ultrarunner View Post
Sorry, but this is not the way it works in California. In my city, any owner, be it through purchase, foreclosure or condemnation MUST give the renter proper notice.

ONLY THE SHERIFF can forcibly remove someone from their home and this IS ONLY after a successful Unlawful Detainer Action is brought to court.

The reality is that it can take 90 days to legally evict a tenant not in default... i.e., the rent is current and in compliance with the terms of the rental agreement.

MY POINT is that you will have to move eventually... why not offer to willing move in consideration for a full return of your security deposit and a cash payment. Depending on how quickly the bank whats you out, you may do very well... my friend did just that last September.
Uhh...LOL you just PROVED my point.

Perhaps you should COMPREHEND what I wrote.

the LENDER that is the BANK that has the LIEN on the home has no responsibility to notify nor to deal with a RENTER, rather they only have the responsibility to deal with the Mortgagee or the person whom the bank has the loan with.

With that being said, I NEVER indicated that the bank or lender would NOT be dealing with the renter...they will only when it comes time to clear them out of the property and that time is once they have foreclosed on the property and are now the owner of record and no longer the lien holder.

Second, your incorrect about the Sheriff being the only person able to remove a person from their home. The constable an elected official, is the court appointed official charged with serving the writ of restitution on the occupants. Only if the occupants refuse to leave will the constable call the Sheriff to forcibly remove or arrest the occupant.

I own no less than 12 COMMUNITIES of renters (Over 900 individual renters) So I do know what I am talking about.
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Old 12-06-2007, 07:54 PM
 
27,084 posts, read 54,378,248 times
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Quote:
Originally Posted by Mathiasthegreat View Post
Uhh...LOL you just PROVED my point.

Perhaps you should COMPREHEND what I wrote.

the LENDER that is the BANK that has the LIEN on the home has no responsibility to notify nor to deal with a RENTER, rather they only have the responsibility to deal with the Mortgagee or the person whom the bank has the loan with.

With that being said, I NEVER indicated that the bank or lender would NOT be dealing with the renter...they will only when it comes time to clear them out of the property and that time is once they have foreclosed on the property and are now the owner of record and no longer the lien holder.

Second, your incorrect about the Sheriff being the only person able to remove a person from their home. The constable an elected official, is the court appointed official charged with serving the writ of restitution on the occupants. Only if the occupants refuse to leave will the constable call the Sheriff to forcibly remove or arrest the occupant.

I own no less than 12 COMMUNITIES of renters (Over 900 individual renters) So I do know what I am talking about.
As I said... In my City, all evictions are done Solely by the Sheriff's Department. This includes posting the property and forcibly removing occupants if necessary...

You are correct in that other law enforcement departments may forcibly evict... but they are under NO OBLIGATION to do so and in my city they don't.

As far as the Bank not having to deal with the renter, this is what you said...

"Wrong. The bank has no liability to you the renter. Their (the bank's) only liability and of fiduciary responsibility is to the lien holder. Since you are a renter in a property that is being foreclosed, it will only be a matter of time before the constable shows up and you will have minutes and maybe an hour to vacate the premises."

I reiterate, NO ONE not even "Constable" can show up and give the renter minutes or maybe and hour to vacate without going through the legal system and getting an order of "Unlawful Detainer" Only then, and with proper advanced notice, can the tenant be forcible removed.

The Sheriff allows 3 days from posting the order before returning to forcibly evict.

My point is that Renters have Rights and Banks that own foreclosed property are not above using intimidation.

In the case I referenced, the Renter did not back down when told she had 10 days to vacate via the agent of the Owner Bank. Instead, she exercised her rights and the was able to negotiate an acceptable resolution.

Last edited by Ultrarunner; 12-06-2007 at 08:17 PM..
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Old 12-10-2007, 05:08 PM
 
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Anyone familiar with the people/companies that claim they can extend your time in the forclosed property for a "small fee" Is this yet another scam or is it even possible?
Thank you all for your feedback
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Old 12-10-2007, 08:08 PM
 
Location: CA
2,464 posts, read 5,931,931 times
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Quote:
Originally Posted by judy wood View Post
Are there any rights for a renter who is in a property that is being foreclosed? Are there any funds allocated for the renter? What about deposits etc? Is there anyway to stay in the property? What if the landlord knowingly rented while going in to foreclosure?
You do have rights - although they are extremely limited (compared to the city of Los Angeles). Your days in your home are numbered. Make it easy on yourself and move on. If the property is in foreclosure... the chances of getting your deposit back from the former owner are slim and none. You can try to get it back from the bank... although probably will tell you to pound sand. You should respond to the letters as they are the one's who possess the property now - the contract with the former owner is now void. I'm sorry this happened to you... good luck.
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