Do I continue paying the landlord even if i recieved a notice of trustee sale? the owner has not yet contacted me telling me anything about it?

Asked by Glad12love, Westminster, CA Wed Dec 2, 2009

What should i do?

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Dallas Texas, Agent, Dallas, TN
Fri Dec 4, 2009
Executed lease agreement between property owner and you still stands. Till property is transferred via a foreclosure sale you are held responsible of the full lease amount, plus terms and conditions for the contract.

You don't know all particulars only property owner does.

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Bill Eckler, Agent, Venice, FL
Thu Dec 3, 2009

Simply long as your landlord remains the owner of this property your obligation should be considered unchanged..............
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Shel-lee Dav…, Agent, Rolling Hills Estates, CA
Wed Dec 2, 2009
Wow, we definitely live in some troubled times. You are paying your rent and your landlord is not paying the mortgage. This means that you will need to start looking for a place to live.

In addition, please check with a tenant / landlord attorney about your rights. My understanding is that, as long as you - the tenant are not in default on your lease, you have some significant protections even in a foreclosure. All that goes away if you default (which means you do not pay rent). Now, if you have a moral issue about paying rents to someone who is not looking out for your best interest, then perhaps you can pay those rents to the attorney's trust account, on time, and have the attorney hold the funds in trust for the lender. Check with the attorney to make sure that this will retain your protections under Federal, California and City laws.

Some of the protections available:
1. Federal law signed in 2009 give MOST tenants the right to stay in a home, after foreclosure, for 90 days or through the term of their lease.
2. California law comes into play where the Federal law does not apply. Under California law, a tenant must be given 60 days notice to move after a foreclosure.
3. Many cities in California have enacted "Just Cause for Eviction" laws and foreclosure is NOT a just cause. Unfortunately, Westminster is not one of those cities.

To determine which, if any of these apply to your particular case, contact a tenants right attorney. Hope this has been beneficial in your quest for guidance. Dare to Dream.

Shel-lee Davis, CDPE
Your Real Estate Consultant for Life
RE/MAX Palos Verdes Realty
0 votes
Thom Colby, Agent, Irvine, CA
Wed Dec 2, 2009
Glad12 -

Isn't the landlord, the owner? The NTS will tell you when it's going to be sold. You should contact the owner and ask what the situation is. Once the property is sold / foreclosed, you will be notified by the agent for the bank as to where to send future rent payments. If you have a security deposit it is likely gone.

Do not pre-pay your landlord rent in advance (for future payments) - even if they offer a discount. Make sure you have a valid lease or your cancelled checks to show you've been paying rent.

If the bank keeps the property to be sold, you may be offered "Cash for Keys" to get you to move out ASAP without evicting you. Typically they will give a couple of weeks and will pay about $1,000. If the bank sells the property to an individual at the foreclosure, they may want you out and take possession right away with no payment to help you relocate.

I just received a bank owned listing and unfortunately the tenant had pre-paid a year's rent "at a discount" to the former owner - now - the tenant will be evicted by the bank so the property can be sold.

It's an unfortunate time we are in - watch out for yourself and keep open communication with whomever becomes the owner of the property - they may want to keep you as a tenant!


Thom Colby
Broker & REALTOR
Orange County, CA
Houston, TX
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