Foreclosure in Orange>Question Details

Capk, Other/Just Looking in Orange, CA

Im a renter in O.C. Calif. the owner foreclosed and i have received a 3-day notice to quit...Options?

Asked by Capk, Orange, CA Fri Aug 14, 2009

Can this time be extended legaly...will there be someone to remove me on the fourth day. What rights do I have. I have rented for 8-months

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This is a late answer but hopefully it will help someone else searching this topic.

A tenant could receive a 3day notice after the judicial foreclosure from the lender if you have been a non-paying tenant. (Cal. Civ. Proc. Code § 1161(2)). Otherwise, if you have been paying rent, the 3 day notice to quit is for the owner. Therefore, you are legally allowed 90 days as long as you are not a child/parent/spouse of the borrower, not on a periodic tenancy and provided your tenancy was an arms-length transaction . Also, if the rent is not substantially lower than fair market rent, you are entitled to a 90-day notice. (P.L. 111-22.)

Also, if you are on a lease, you may be able to stay in the home for the full remainder of your lease but ONLY IF the new buyer does not plan on occupying. Meaning, if the time on your lease exceeds 90 days, you get that full time to stay. For example, if you have 4 months left on the lease, you don't have to vacate until those 4 months are up but again, THIS ONLY APPLIES if the new owner does not plan to occupy.

If the new buyer plans to occupy it, then the 90 days notice is given by either the foreclosing lender or the new buyer.

http://www.eliteestatesoc.com
0 votes Thank Flag Link Tue Dec 7, 2010
Capk,
Look for a legal aid attorney or a housing counselor, your landlord has to give you a minimum of 90 days to vacate.

Capk, can you tell us what your present situation is?

Jes Sierra, B.Sc., Realtor®
0 votes Thank Flag Link Tue Aug 18, 2009
If the owner has not been paying any of the money to the mortgage you should not be paying rent even before it foreclosed FYI.

Now..is it from the bank? They offer a program called cash for keys. It isn't your fault the property foreclosed. They will offer you monies to help you move out and get a new place. So ask them.
If it is from the Owner....then ha ha ha..good try but to apple for him.
0 votes Thank Flag Link Sat Aug 15, 2009
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