I live in Nor Cal and a notice of trustee sale was put on the house I rent

Whatamess
Other/Just Looking
San Mateo County, CA

County records show that the deed was assigned from a grantor (my landlord and a bank) to the grantees (a different bank and a trust). I've not been able to get in contact with my landlord. I've tried researching this and can't find any clear answers and I I have some questions:

(A) Does this mean the house is now bank-owned? I don't have a lease and have been paying month-to-month. Do I stop sending rent to my landlord and start sending it to the bank?

(B) The house is scheduled for sale with an auction date. Do I have to move out before that date or can I wait until its sold at auction?

(C) If the house is not sold at auction, will the bank contact me to let me know when I need to move out before starting an eviction?

(D) In general, how long do I have to find another place to live at this point? Days? Weeks Months?

Answers (2)
Steve
Other/Just Looking
Rohnert Park, CA

Recently passed legislation suggests you should have a minimum 90-days notice:
http://www.hacla.org/en/rel/472/

Also note you received a Notice of Trustee Sale, which sets an auction date. Lately it's been pretty common for banks to cancel these auctions the day before (or of) the scheduled date and delay the auction a month or so. That cycle can repeat itself for several months. Not a guarantee, but possible.

Best bet is find a local tenant's rights group, but you shouldn't need to worry about what having to move in 30 days or similar very short timeframe.

Good luck!

Thu Jul 9 2009, 15:01
Vicki Moore
Agent
San Mateo, CA
FIRST ANSWER

What a mess is right. I'm so sorry to hear about this. I'd be freaking out.

It doesn't sound like it's bank owned yet. The bank may not even know that the property is tenant occupied so they may not realize there's someone other than the owner to notify.

I think your best bet is to contact legal services - and quick.

Legal Aid Society of San Mateo County
Phone: (650) 558-0915
http://www.legalaidsmc.org
Legal Aide Society provides individualized counseling and legal assistance regarding tenants' rights.

Thu Jul 9 2009, 14:44

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