Foreclosure in San Diego>Question Details

Sorina, Other/Just Looking in San Diego, CA

I RENT A HOME AND JUST RECENTLY FOUND OUT THE HOME WILL BE SOLD IN SEVEN DAYS AS TRUSTEE SALE. I WAS NOT

Asked by Sorina, San Diego, CA Tue Nov 20, 2007

NOTIFIED BY OWNER, DO I HAVE TO BE OUT IN SEVEN DAYS?

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BEST ANSWER
Hi Sorina. Not likely in seven days. Did you rent your place through a Property Management firm? Have you been in contact with the owner? You said 'trustee sale'; Is the home being sold do to bankruptcy? I
Michael
http://www.MichaelRobertsHomes.com
0 votes Thank Flag Link Tue Nov 20, 2007
Sorina
I would caution you regarding the optimistic response you marked best answer. Not that the poster may be correct, however I am concerned when posters give answers without knowing the facts. Maybe it does not concern you, but it does me.

1. Do you have a written lease?
2. If you HAD a lease (usually for one year), then the lease converts to a month to month arrangement automatically.
3. You are protected by consumer laws in California.
You can download this PDF
http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Have you been served with a notice to vacate?

It may be that the owners WANT you to stay as a tenant. If you are current on your rent, and I was buying it, I would want to the tenant to stay until I figure out what I want to do.

Best of luck.
1 vote Thank Flag Link Tue Nov 20, 2007
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
Contact
Sorina,
You should check your lease if you have one and find out if it was in effect prior to the trust deed that is being foreclosed. Most times, lenders take priority, because the loan was in effect prior to the lease. if you are on a month to month, you probably don't have much support for staying. However, if you have been a good renter, you might contact the lender and try to get them to agree to let you stay and help maintain the home until it is sold. You could even ask for a reduced rate because you will make sure the home is showable to potential buyers. Homes that are vacant tend to not show well and are subject to vandalism. Check with the property manager if there is one and I can refer you to some good real estate attorneys if you need them. Fred Eckert 619.507.5688
0 votes Thank Flag Link Tue Nov 20, 2007
Hi Sorina, I agree with Keith in that the questions left unanswered in my post.....
( Did you rent your place through a Property Management firm? Have you been in contact with the owner? You said 'trustee sale'; Is the home being sold do to bankruptcy?) .......
would certainly help. You definetely won't be required to move in seven days yet, depending on circumstances, it could occur shortly therafter. Along with my previous questions and Keith's you may able to get some more guidance.

Michael
http://www.MichaelRobertsHomes.com
0 votes Thank Flag Link Tue Nov 20, 2007
How sad. We're hearing more and more about this on Trulia. Landlords going into foreclosure and not notifying tenants and tenants being blown away they have just a few days to move. This is a really bothersome, legal and ethical problem we are seeing in the market.

The best advice you can get is go get LEGAL advice TODAY.

In terms of having to get out, see what the attorney says. You may or may not have rights if an owner's redemption period exist in CA. Either way you will most likely be moving just depends on how quickly.

Legal advice is not something you want to delay.

Best of luck,
Susan Walker
0 votes Thank Flag Link Tue Nov 20, 2007
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