Foreclosure in 95133>Question Details

nickbonfante…, Renter in 12188

i have no lease and the property is in foreclosure, do i have to get out without a proper evection notice?

Asked by nickbonfante79, 12188 Mon Mar 11, 2013

landlord said bank was coming to change the locks, can they do that without an evection notice?

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8
Oh yeah, that could be totally different laws so good luck. Disregard my answers as they only pertain to CA.

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1 vote Thank Flag Link Tue Mar 12, 2013
Thanks for all the responces they are very helpful, but i hope the laws are the same in new york state cause that where i live. Some how i messed up andsaid i live in CA.
1 vote Thank Flag Link Tue Mar 12, 2013
HI Nickbonfante79,

Whether you have a contract or not, just stay put. They cannot just evict you. There is a process that the new owner of foreclosed property has to follow. It will take 30 to 90 days. They may offer you cash for keys. This amount ranges from $2500 to $10000 or more in some cases. You will definitely leave this home happy with some extra cash in your pocket.
1 vote Thank Flag Link Mon Mar 11, 2013
Hi Nick, my understanding in California is that tenants of a foreclosed property have to
be given a minimum of 90 Days to vacate the property. This does not matter if it is the
bank who now owns the home or a private party, LLC or Corporation. If you have a lease
that is longer than 90 days from the date you are served notice then the new owner has to
honor your lease termination date.

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Bradley Wilson
AMICI REAL ESTATE
488 Blossom Hill Rd. Suite B
San Jose, CA 95123
DRE 01491944 NMLS 340990
Direct: (408) 228-7867
FAX: (408) 273-6975
1 vote Thank Flag Link Mon Mar 11, 2013
According to the Tenant's Rights Act of 2009, you will have 30 from the time that they notify you.
At that same time, they might offer you Cash-for-Keys.
They have to treat you right.
1 vote Thank Flag Link Mon Mar 11, 2013
nickbonfante79:

If your rent is paid up, you have a right to stay till the end of the paid up period. But no, they cannot just change the locks and lock you out of your home. I expect someone from the bank will drop by to check on the property. At that pint you should get some official contact this person type of note telling you who to contact. Might be a good time to see if you can buy the property. Maybe we should meet to explore such options?

Mitchell Pearce
408-639-0211
mitchell@handsonrealtor.com
1 vote Thank Flag Link Mon Mar 11, 2013
Thank you for your question, Nick:

You have received excellent responses from Mitchell Pierce, Ron Thomas, Bradley Wilson and Sheryl Arndt.

This is a legal issue. My experience with this issue is that the banks and their representatives often do not follow the law. If the lender and their representatives do not follow the law, you will need an Attorney to force them to follow the law, if necessary.

The Attorney that I recommend is Ron Rossi. You may reach Mr. Rossi at his telephone number: (408)261-4252.

Thank you,
Charles Butterfield MBA
Real Estate Broker/REALTOR
American Realty
Cell Phone: (408)509-6218
Fax: (408)269-3597
Email Address: charlesbutterfieldbkr@yahoo.com
DRE#00901872
.
0 votes Thank Flag Link Mon Mar 11, 2013
Here is a brochure to the Inland Mediation Board whom can answer your legal questions free of charges. The can advise you as to your tenant and landlord rights. Keep us posted as to what they tell you and the outcome if the bank offers you cash for keys.

Inland Mediation Board brochure http://tinyurl.com/9q94d4k

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http://www.under640ficoscoreloans.com/Pages/ContactSheryl.aspx
Sheryl Arndt, Real Estate Broker - Sr. Loan Officer CA only
REO & Short Sale Specialist
Credit Repair At No Cost
ALL Loan Programs Available
20+ Years Experience
DRE# 01140252
NMLS# 297251
760-486-4225
9am till 9pm 7 days
http://youtu.be/MrygA2_8fAY
0 votes Thank Flag Link Mon Mar 11, 2013
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