Foreclosure in Los Angeles>Question Details

Ed.cortez, Home Seller in Los Angeles, CA

Can the owner of a "rent to own home" foreclose on said home then rent out said home to other tenant while foreclosure is in process?

Asked by Ed.cortez, Los Angeles, CA Tue Apr 16, 2013

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Kawain Payne’s answer
Hello Ed,

I am not sure I fully understand the question, do you mean the owner who is in foreclosure wants to evict you and rent to someone else?

If so, providing they follow current eviction laws, I assume they can evict you and rent to someone else.

If the owner is loosing the home why do you not just move out on your own, before things get too far
out of hand.


Best of Luck to you,

Kawain Payne, Realtor
1 vote Thank Flag Link Tue Apr 16, 2013
Not sure what it says in your lease agreement, but to my understanding, the owner can do just about anything he wants as long as his name is on title. After it's foreclosed, it's not his name on title and he has no right renting it out.
0 votes Thank Flag Link Tue Apr 16, 2013
Who is the owner foreclosing on? Themselves?
0 votes Thank Flag Link Tue Apr 16, 2013
I am the owner and sold house to person "rent to own" they moved out without notice. We are in the foreclosure process. In the meantime, can I rent it to another party?
Flag Wed Apr 17, 2013
Are you saying the owner is foreclosing on you? If they own the property & you didn't pay then yeah...they can find another tenant who will pay...
0 votes Thank Flag Link Tue Apr 16, 2013
It would be unethical to lease/rent a home that you are aware is going though the foreclosure process. A lawyer would be able to tell you if it is legal or not. In my state, all foreclosures are court mandated whether its a lender or owner finance and there is no telling just how long that process will be. How can you let good folks move into the home without being able to honor your side of the lease?
0 votes Thank Flag Link Tue Apr 16, 2013
Sounds like a great question for your attorney...
0 votes Thank Flag Link Tue Apr 16, 2013
Hello Ed,
Interesting question you have posted here. I am a bit confused by your question. More specific details are needed without assuming things here. Depends on who is the owner here? Are you thinking the actual owner or are you thinking of a Bank foreclosing ( This is a common mistake people make, so that is why I am asking). Assuming you have been making payments but your Landlord has not been making his payments. Now the Bank or a lien holder wants to foreclose and the new owner will want to someone else?

First of all, Do you have a written agreement with your current Landlord regarding the Rent to Own? Obviously there is more to this story. Here is what I recommend to you, get off of here and Contact a Real Estate Attorney immediately. Realtors cannot give you legal or Financial advice. You may have rights. Email me on what the Attorney advises you or if you need a referral for a Real Estate Attorney.

I sincerely Wish you luck.
Pebble Singha
Head Of Short Sales Department KW Encino.
soldbypebble@yahoo.com
Web Reference: http://www.pebblesingha.com
0 votes Thank Flag Link Tue Apr 16, 2013
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