Terri, Renter in San Luis Obispo County...

i was wondering the house we live in we are renting and i think the owners are losing it how can we find out the are getting letters from the mortgage

Asked by Terri, San Luis Obispo County, CA Sat Nov 19, 2011

Help the community by answering this question:


You can always go to the county recorders office and see if there's been a "Notice of Default" (NOD) filed against the property. Or you can contact a title company and request a property profile. In the very end you do have renters rights. Following is some information concerning those rights. Good luck.

Information for Tenants
Information for Owners

After the property (residential or commercial) is lost through a Foreclosure (i.e. Trustee Sale), the next step will most likely be an eviction.

Foreclosure Eviction

Post Foreclosure Eviction
The new owner could be the lender (bank) or a new homeowner or an investor. In any event, if they did not offer to sell or otherwise transfer the property to you in some sort of sale or transaction, they will most likely want to evict you with a post foreclosure eviction action. If you are a tenant renting a residential dwelling foreclosed out from under you, you are entitled to a 60 day notice or, if you qualify under a new Federal Law, 90 days to move. If you are leasing a commercial space, you are entitled to a 30 day notice to vacate the property. If you are the former owner of the property (residential or commercial) the new owner (or lender) will serve you a 3 day notice to move out. The notice must be served correctly and it must contain language required by law. In both cases, when the notice expires, and if you have not vacated the property, they can commence an Unlawful Detainer (eviction) action. If you are a tenant with a lease, your rights to remain at the property under that lease or agreement may be protected even after the foreclosure. See information for tenants.

Generally, commercial leases (long term) may survive a foreclosure. They would have had to have been in existence prior to the creation of the trust deed that was foreclosed on and the lender had to have had actual or constructive notice of that lease.

Even though you may be facing an eviction, you do have rights which must be protected
You should act promptly to protect your rights, especially in these situations where your rights are limited. You may have only 5 days to respond! If you find Unlawful Detainer papers at the property, even if you were not "served", seek assistance right away to get advice and respond with your own papers. You may wish to respond and protect your rights even if you were not named in those papers. If you do not respond quickly and correctly, you can be evicted by the Sheriff very soon. With specialized legal assistance, you can go through this eviction proceeding without having a judgment on your record. You may also be able to gain some more time in the home without paying any rent. Seek legal advice to be sure this is handled correctly. Protect your rights and credit!!

Make a deal to move for money?
Sometimes, the new owner will offer you money to move out and avoid an eviction. This is commonly referred to as "cash for keys." This may be a positive move since it gets you some moving money and avoids an eviction. Be aware that there are brokers or banks who may take advantage of you with these offers and treat you unfairly. Many people say that they cannot take advantage of these offers because the demanded move out time for the cash is just too soon. If you wish to consider such an offer, have it reviewed by an attorney or trusted real estate professional to be sure you get what was promised and that your rights and credit record are protected.

Former owner may make a claim
If you are a former owner and feel you were cheated out of your property, you may have the right to get the property back or at least make a claim for damages including your lost equity. This may be done by the filing of a special lawsuit. An eviction case may allow you more time in the property and reinforce your rights for that special lawsuit and claim. Eviction cases alone cannot decide title or improper trustee sale disputes. Promptly seek experienced legal assistance before taking any action.
0 votes Thank Flag Link Sun Nov 20, 2011
If you are concerned about being evicted, you are probably safe for at least ninety days, due to federal legislation passed in 2009. See the link below for complete details. Both month-to-month tenants and lessees are protected. If your landlord does end up being foreclosed on, you may be offered "cash for keys," meaning that a cash incentive would be offered to encourage you to move out soon without a formal eviction process.

Good luck!
0 votes Thank Flag Link Sat Nov 19, 2011
Hello Terri,
I don't know the reasons why you suspect that your landlord is possibly losing his home but the best way to find out is...ask him and state your reasons as to why you are inquiring about the matter.

Good luck!

Laura Feghali
Prudential Connecticut Realty
0 votes Thank Flag Link Sat Nov 19, 2011
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