Foreclosure in 78247>Question Details

gemchicini, Renter in El Cajon, CA

What are my rights now that the house rent has been sold with no notice to me?

Asked by gemchicini, El Cajon, CA Thu Feb 28, 2013

Help the community by answering this question:

Answers

9
Rosie Villarreal’s answer
It is important to have a written contract, look for the clauses that specify the type of notice the tenent is to received in case of a sale of the property and look for legal advice if the terms of the contract were not followed.
0 votes Thank Flag Link Sun Mar 3, 2013
Gemchicini,

Actually what happens sounds very familiar in my world since we deal with many short sales, pre-foreclosures, probates, estates, investor owned properties and other deals that can be quite complicated.

Since CA foreclosure laws are different than TX as we are a non-judicial trustee sale state; the thing that should be known is that in TX a lease agreement will supersede any transfer of ownership through a GWD (general warranty deed) that issues ownership through the chain of title w/out any exceptions. However, a substitute warranty deed or a deed that is taken by foreclosure can wipe out the current lease agreement; atleast here in TX anyway. So if the HOA had foreclosed, they did take ownership and had the right to terminate the lease, however it does sound like they kept it there to honor it and make their money back in recouping their foreclosure costs (attorney's, collections, past dues etc). Keep in mind though; they were only foreclosing on a junior lien position, meaning that they could take ownership as long as the senior lien holder didn't foreclose. Now that the senior lien (mortgage) has foreclosed, the change of ownership should have now changed hands again and is no longer in the ownership of the HOA.

Since I'm not a licensed attorney and only speaking in regards to TX laws, you certainly will need to speak to legal counsel there. In my opinion, it does sound like you should start contemplating a move coming very soon and it's up to you or your legal counsel to inform you whether or not to pay your current rent payments until your move.

Hope that helps.
God bless,

Josh
0 votes Thank Flag Link Thu Feb 28, 2013
Dang! They beat me to it ;) LOL! Honestly, the best thing for you to do is talk with a real estate attorney in California... most initial consults are free.
0 votes Thank Flag Link Thu Feb 28, 2013
Thank you, that actually helps a lot. I have contacted our local legal aid as I cannot afford an attorney. BTW I did sign a new month-to-month lease with the HOA, and the previous landlords were nice people and gave me my deposit back. Thanks for the help!
0 votes Thank Flag Link Thu Feb 28, 2013
Take a look at your lease agreement. Look at the terms of your lease and if you are on month to month then look at your terms for month to month. Most times when I rent out a property after they have finished their term they are on month to month and in the case we sell the home we notify the tenants they need to vacate the property in 30 days. If the house is sold they need to give you notice to find another place. As to the HOA, that is usually the landlords responsibility.

Shail Patel
Keller Williams Realty
(210) 454-2904
0 votes Thank Flag Link Thu Feb 28, 2013
#1....why would you pay the HOA anything? They may have some claim to the money, but they didn't likely own the house, they had a lien against the house. Your lease was not with them. There can be all kinds of liens on the house, mortgage, HOA, plumbers, contractors, IRS, Homeland Security.... just because they have a lien doesn't mean you should pay them rent???

However, now that you have paid them rent, they may not owe it back to you. Your claim would be with the landlord, not the HOA in my non-legal opinion. They have probably credited your payments against the lien, which was good for them, but not necessarily in your interest....or maybe it was since you got to stay there another year or two.

You might want legal advice...not advice from us. I probably would not pay rent to anyone at this point until you are contacted and a contract/lease in place. You should probably save the rent in case you do have to pay. My guess is your current lease has expired, if it has been two years or more since you originally signed, or you are now on month-to month. So potentially the new owner will want to sign a lease with you....or take possession of the house. If the 2nd scenario then they would have to give you the notice required in your lease if the lease is valid. If you don't have a lease, then it would be according to CA law, I'm guessing 30days...but maybe some of our CA people can jump in on this one. So you also want to be prepared to move. If you are contacted by the new owner...work with them. You don't want them to evict you.....you might be able to stay, but your rent may go up or they might ask you to leave....so you just have to be prepared for that.

The HOA should know who the new owner is and the HOA lien was probably wiped out in the foreclosure or settled. Since you have a relationship with them, you might be proactive and get the contact info for the new owner, contact them before they contact you. Tell them you want to sign a new lease, if that is the case.

By the way if you had a deposit, that is probably gone. You might contact the landlord and ask for it back, but they may not have any money, if they were taking your rent and not paying their mortgage.
0 votes Thank Flag Link Thu Feb 28, 2013
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
NOt sure why this said I am inSan Antonio, I'm in San Diego, CA
Anyway, It does matter that the house has been sold. Here's why:

The people I originally rented from went into foreclosure about 2 years ago, I continued to pay rent, then about a year ago, the HOA bought the lien on the house for $7699. Since then I've been getting mail saying that the house is still in foreclosure. I disregard them because, why do I care who owns the home? For the last year though, I've been paying rent to the HOA. First off, is that right? Should I have been paying them? OH- AND IT GETS BETTER....Yesterday I got a notice on my door that the house was sold at auction to a private buyer Last Friday, FEb 22. The management company that collects my rent for the HOA doesn't know anything about it. I have not been contacted by the new owner or anything. Question 1: Does the HOA owe me rent for the last year as they did not own the house. Question 2: If the house was sold on Feb 22, shouldn't I get a pro-rated credit since they don't own the house. Question 3: Can the new owner make me and my 3 kids leave this house? I don't know anything about realty and just need some help, no sarcasm or negative comments please.
0 votes Thank Flag Link Thu Feb 28, 2013
Hi gemchicini,

You need to refer to your lease agreement.

Shanna Rogers
SR Realty
http://www.RealtyBySR.com
0 votes Thank Flag Link Thu Feb 28, 2013
What rights do you want?
What are you concerned about?

Does it matter if the house has been sold?

For almost all questions you want to refer back to your lease.
0 votes Thank Flag Link Thu Feb 28, 2013
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer