How long does my family have if I just found out that the house I rent is in preforeclosure? I found out online and not through our landlord.

Asked by Wendymake, Stockton, CA Fri Jun 8, 2012

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Rocky G.H. H…, Agent, Ripon, CA
Fri Jun 8, 2012
Since it is in Pre-Foreclosure there is no telling. A foreclosure may or may not happen. If there is going to be a foreclosure it could take months. The best thing to do is contact the owner to find out more information and keep your eyes open for a Notice of Default. This will likely answer many questions

I hope this helps,


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Rocky G.H. Hawrysz | Prudential California Realty
(209) 444-6610 – Direct | | | License No. 01468373

1 vote
Joanna Jensen, Other Pro, Livermore, CA
Thu Sep 6, 2012
Hi Wendy,

You should be protected under the "Renters in Forclosure Act".

Do you have a signed lease?

If so, when was the lease signed and how long is the term?

Example, if your lease is a two year lease, signed before the foreclosure was initiated you should be able to stay and fulfull your lease As Long as you remain current on your payments and dont break your lease.

Typically, the home owners home is way underwater and they may be trying to modify. As of June 2012 hamp modificaitons now cover rental properties and the home owner may be able to get a principal reduction to 115% of fair market vaue. I could understand if this is what they are trying to do.

Most likely the rent does not cover the full mortgage payment and the home owner is facing a financial hardship.

The problem is most home owners are under the belief they have to be late in order to get a modification which is not true.

You can go online and check the county recorders site for notices recorded against the home.
0 votes
Kelly Taylor, , Modesto, CA
Mon Jul 16, 2012
HI Wendy,

All the advice you received so far is good advice. It really depends on what you found online. If it was a Notice of Default your best resource to understanding your timeline would be to talk with the homeowner. Depending on what the homeowner plans to do now that he received a Notice of Default will affect the period of time the home will stay in the homeowner's posession. If it was a Notice of Trustee Sale then the time is near. The notice will state the date of the auction. Sometimes the auction dates are postponed but,never the less the auction is coming. If you need more information feel free to give me a call.

Kelly Taylor
PMZ Real Estate
0 votes
Terri Vellios, Agent, Campbell, CA
Fri Jun 8, 2012
As Rocky said, it could take months. The seller cold remedy his default. He may be attempting a loan modification as well.

Once the bank get's serious they would post a Notice of Default and Intent to Sell in the local newspaper. The seller has 3 months and 21 days before it sells on the court house steps.

http://www.DRE.CA.GOV will give you some good information.
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