Foreclosure in 92127>Question Details

Jennifer, Other/Just Looking in Rancho Bernardo, San...

I'm living in a rental house that is going to be foreclosed on

Asked by Jennifer, Rancho Bernardo, San Diego, CA Wed Jun 18, 2008

Do any of you have an idea of how long we may have before we would have to move out? The owners have insisted that they are getting a new loan, but I'm pretty sure they are fibbing to make us feel better, because we keep getting calls from creditors and it's listed on a couple websites as being in default.
Thank you for any input on this situation.

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Answers

8
You will actually get an letter posted on the front door. Your landlord is probably keeping the rent and therefore does not want you to leave.
Should you have questions please do not hestiate to call or email directly, diane@dianeteti.com
0 votes Thank Flag Link Mon Sep 29, 2008
Prepare to move, but wait until the lender offers you money to leave. The lender can evict you with 60 day notice.
0 votes Thank Flag Link Thu Jul 24, 2008
Jennifer,

I would move out as soon as possible. When you look for your next rental make sure the landlord puts in writing that they are not in danger of foreclosing on the home your renting within the time period you're renting and also have them show you a print out from the San Diego County Accessors Office that they are not in default on the home or condo. Renting from a professional rental agency would be a better bet than the homeowner for trying to get a rental that isn't in danger of being foreclosed on. Either way be very careful and do your homework.

Mike Lewis
San Diego Realtor
619-981-3918
0 votes Thank Flag Link Thu Jun 19, 2008
Jennifer,

There are a number of good answers here, but there is one other possibility you might wish to consider if you like the home and neighborhood:

Purchase the home as a short sale. You may be able to buy it at a price that would have payments close to an equivalent of what you are now paying in rent.

Is the home listed? If so, you might want to contact the agent and discuss this possibility--which might also stall foreclosure.

Best wishes--and if you wish to discuss additional options, please feel free to give me a call at 760-402-9101.
0 votes Thank Flag Link Thu Jun 19, 2008
Roberta Murp…, Real Estate Pro in Carlsbad, CA
MVP'08
Contact
Jennifer,
First question...Did you sign a lease and was the lease recorded? If so, and if the recorded lease was done before the loan being foreclosed on was recorded, you may have some rights to stay. If not, you can call our Chicago Title customer service for free at 619.521.3478. Give them the address and ask them to check on the notice of default or notice of trustee sale recording dates. Mention my name, Fred Eckert and say I asked you to call. The date on the notice of default, starts the 3 month countdown and if there is a notice of trustee sale, it could mean the property could be sold at auction 20 days later. You might see if the lender that is foreclosing might let you stay to watch over the property. There will be some time in between the bank taking the property and them putting it on the MLS. Vacant homes tend to deteoriate faster and if you are willing to keep the property ready to show to potential buyers, the bank may let you stay for some period of time. Call me on my cell if you have questions. 619.507.5688
0 votes Thank Flag Link Wed Jun 18, 2008
Sorry to hear this. It is a common scenario in this market. It will depend on the bank that is foreclosing and the attorney involved. It could be as soon as 1 month and as long as 12. There are so many other factors, this question can not be answered without knowing all the details. You will be contacted by someone when it's time for you to move. This person will offer you a relocation offer. This means they will offer you cash, in exchange you will move out in the agreed upon time frame and leave the home in tact, as well as broom swept and move in ready clean, turn over all keys, and remoteds if any. Once you are contacted and even when you agree to the cash for keys (relocation agreement), the eviction process has been started, regardless. I wish you the best. Start looking for a new place to live and plan on moving out.
Birgit Anglin
Windermere Exclusive Properties
0 votes Thank Flag Link Wed Jun 18, 2008
Jennifer,

California has a fairly complicated foreclosure process so to answer this questions would have to take in to account a number of variable. Here are a couple of websites that I found regarding the foreclosure process in California.

http://www.foreclosureradar.com/ca_foreclosure_process.php
http://www.foreclosure.com/statelaw_CA.html

Take some time and read through these things and let the forumn know if you have any more questions. It is unlikely that they are getting a new loan, most people in foreclosure believe this but it rarely happens.

Cameron Piper
Web Reference: http://www.campiper.com
0 votes Thank Flag Link Wed Jun 18, 2008
Hi Jennifer,

The foreclosure process takes about 4 months from the time the borrower gets a notice of default (NOD) until the home is sold at a trustee sale. I would recommend you start looking for a new place to live. Your landlord does have the possibility to get a new loan, but with what you are saying it probably unlikely. I do not know how far behind they are on their taxes but http://www.realtytrac.com sometime will tell you how far behind they are. You might want to go on this sight and see if they are just a one month behind, or several.

Good Luck! If you have any other questions, please don't hesitate to ask. catherine.barden@century21.com or (760)815-3866
0 votes Thank Flag Link Wed Jun 18, 2008
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