Foreclosure in 94117>Question Details

Byrhftww, Other/Just Looking in Bridgeport, Safety H...

how long dose a person have to move when it is foeclose and no notice from the bank because i have my grandaughter with her son and also my son?

Asked by Byrhftww, Bridgeport, Safety Harbor, FL Wed Jan 6, 2010

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I assume that your grandaughter is the owner of the property that was foreclosed. Assuming so, a three day notice must first be served after the foreclosure. At the end of the expiration of the 3 days, if she has not moved, an unlawful detainer law suit must be filed. If the case were to go all the way to trial, she should have at least 45 days. However, there are ways of getting extended time from the court to move.

As a practical matter, most banks do not start eviction actions immediately after foreclosure these days. When they are ready to deal with possession of the property, they are likely to offer your daughter a "keys for cash" deal in which they will agree to pay her to move voluntarily.

If your grandaughter is a tenant, they must honor any existing lease. If there is no lease, the bank must give her a minimum of 90 days notice to move. If she doesn't move, the unlawful detainer process will start as decribed above. Again, they would be likely to offer her a "keys for cash" deal.

Jeffery P. Woo, Esq.
Sedgwick, Detert, Moran & Arnold LLP
Complex Rental Property Group
415-627-3607
jeff.woo@sdma.com
1 vote Thank Flag Link Wed Jan 6, 2010
Do we know the party is an owner???
0 votes Thank Flag Link Thu Jan 7, 2010
But the renter has to be paying their rent right???

The above party is an owner. Who mentioned she has a child living with her. So I mentioned a lease "May be in Place:.

But if the renter is not paying rent they can not stay. Right? They can only stay if they are current.
0 votes Thank Flag Link Thu Jan 7, 2010
So we have established that if a rent controlled build is foreclosed upon, tenants can not be evicted owing to foreclosure.

Again if you are a renter in a rentcontrolled building in sf you do not lose your rights even if your building is forclosed upon!!!! Get it????

Paying rent to a landlord is not the same as paying a mortgage to a bank apples to apples right?

If you continue to pay your rent, you are safe from eviction. your circumstance has not changed....only the landlord's has changed.

Whatever you do...DON'T MOVE!!! Just relax and pay your rent on time.

For more free info contact: San Francisco tenants union 558 capp street sf ca 94110 tel 415 282 6622

wwwsftu.org
0 votes Thank Flag Link Thu Jan 7, 2010
It is clear that San Francisco tenants who live in buildings built before June 13, 1979 have all rights under the Rent Ordinance, even if the building is foreclosed. SF Rent Control consists of both rent (or price) control and eviction control. There are 15 "just cause" grounds for eviction in SF. One of them is NOT that the property was foreclosed.

Byrhftww's question does not indicate whether his grandaughter was a renter or the foreclosed borrower. If she was a renter, one of the 15 just cause reasons must apply before an eviction can occur. The most common are the Ellis Act by a sellers or Owner Move In (OMI) by buyers. Each involves the payment of relocation fees and creates certain restrictions on the use of the property.

Generally, foreclosing banks will do nothing to evict tenants in SF. They will market the property subject to tenant's rights and the buyer will be responsible for doing any eviction - generally an OMI.

If the grandaughter is the foreclosed borrower, she is not a tenant and the SF Rent Ordinance does not apply.

For a copy of my recently published article on Buying Tenant Occupied REO properties in San Francisco, see the link below.

Jeffery P. Woo, Esq.
Sedgwick, Detert, Moran & Arnold LLP
Complex Rental Property Group
415-627-3607
jeff.woo@mypropertyrights.com
0 votes Thank Flag Link Thu Jan 7, 2010
Hi Again,
go to the Rent Board for San Fransicso. You can only be evicted for "Just Cause" and there are 15 of them.
Not paying rent, or chroncially not paying rent will allow for eviction.

Otherwise squatters would take over everone's home and that would not be fair I highly doubt we have those types of laws.

Laws are meant to be fair. When someone doenst pay their mortgage they cant expect to remain in their home forever. Other wise Im moveing to SF in rent control tomorrow and moving my brother whom Ive been paying for his home as well as he is sick and disabled.

Best of luck to you.

JoAnna Jensen
0 votes Thank Flag Link Thu Jan 7, 2010
you do not have to move if you are renting a rent controlled building that has been foreclosed upon in sf ca and that is a fact. is 94117 in sf? if so the rule applies. foreclosure is NOT just cause for eviction in SF rent controlled apts.
0 votes Thank Flag Link Thu Jan 7, 2010
There should be a free low income legal service in your area. The answers below could be exactly correct, they might be off for the area you live in. Be safe, find the answer from the one place you can depend on. A free low income legal service center. If you can not find one ask your senator's office where it can be located

(4 points)
0 votes Thank Flag Link Thu Jan 7, 2010
That would be nice but not exactly true. , even if it is rent controlled you cant stay there forever. You will have to move out.

Rent control, controls how much they can raise the rent. Not weather or not the home can be foreclosed. That is between the owner and the lender.
0 votes Thank Flag Link Thu Jan 7, 2010
If you are renting and you live in a rent controlled building in sf, you do not have to move. foreclosure of your landlord does not affect you as a tenant.
0 votes Thank Flag Link Thu Jan 7, 2010
Hi,

I wanted to let you know your situation is different from others because you said other family members also live there.

Under Calif Law, (I am not an attorney but I work for one and play one on TV :) ) I am not giving legal advice you can read this for yourself. Calif Civi Code 1161b you have 60 days if you have a lease with a child (your son or your grand daughter ) , parent or spouse. So, as an advocate,I encourage you to speak with an attorney. Do know all attorneys are different. Some have much more knowledge about Loan Mods and fighting predatory loans.

Also, if this is a Judicial foreclosure you have a redemption period you can stay there for the entire time. So it is very important for you to know what type of forclosure you had.

Sincerely,

JoAnna Jensen
Legal Assistant
Realtor
0 votes Thank Flag Link Wed Jan 6, 2010
Each situation is different, as you can see by the answers you have received. It also depends on the loan that is being foreclosed. Some have moratorium until 2011. This is due to Senate Bill X2-7.

http://janegrant.wordpress.com/2009/06/07/temecula-real-esta…

The best thing you could do is speak to a real estate attorney that can look at your loan documents for you.
Web Reference: http://www.soreal.biz
0 votes Thank Flag Link Wed Jan 6, 2010
California law does provide, generally, that a 60 day notice of termination is require for tenants who have resided in the premises for 1 year or more. However, under Federal law, a tenant of a foreclosed property in which the loan was federally related (almost all conforming residential loans issued by banks), then the tenant is entitled to a minium of 90 days.

If the occupant of the foreclosed premises was the borrower/owner, then that person is not considered a tenants, and a 3 day notice of eviction can be served.

I hope that clarifies the issue.

Jeffery P. Woo, Esq.
Sedgwick, Detert, Moran & Arnold LLP
Complex Rental Property Group
415-627-3607
jeff.woo@sdma.com
0 votes Thank Flag Link Wed Jan 6, 2010
I believe Calif Law says that if your children are living with you at your home on a "Lease" you will have a 60 day eviction.

Also a few other things will make a big difference.

Was this a judicial or non judicial foreclosure?

Was a senior the owner of the home? Were there any predatory markers in your loan?

Did the lender try to modify?

Call an attorney today to find out. You may have time to fight a wrongfull foreclosure.

Best of Luck

JoAnna Jensen
Realtor Legal Assistant
0 votes Thank Flag Link Wed Jan 6, 2010
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