Two of us were asked to house sit a property as the owner had found a new one and was moving on. His property was supposedly in a short sale and they

Asked by mtdhomeownergoal, 94597 Tue Nov 27, 2012

were wanting to close by year's end for him to receive the tax bennies that expire then. We took on the power, gas and electric bill (in one of our names). It turns out there was no actual escrow and the bank now owns the property as of yesterday. What are out rights? We'd love to negotiate a longer term house sit in exchange for the same services -- to keep the property occupied and secure, maintained, and maintain what value it has. The foreclosure inventory is huge in CA and we feel we may even be able to buy it, either as partners or in partnership with some others. We are both in the process of cleaning up our own financial pictures and developing small businesses. We (and the neighbors seem to support the concept) would love to create a win-win situation here, and not have a vacant dilapidating home in the neighborhood for months or years to come. What are our post-foreclosure rights -- in northern CA.

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Steven Ornellas’ answer
Steven Ornel…, Agent, Fremont, CA
Tue Nov 27, 2012
Hi mtdhomeownergoal,

Here a few links you might want to review to get a better understanding of your options:

CA's "Protecting Tenants at Foreclosure Act" - need to know info!…


CA Dept. of Consumer Affairs Landlord-Tenant Guide:

0 votes
Hi Steve ... Thank you. In reviewing these and several other blogs, it would seem that given our "rent" essentially was our exchange of services, we move into a Tenancy at Will and would be treated as month to month tenants. We are 2 people and we might find some relief as 2 lodgers residing in the residence, occupying our own rooms, while the owner still had access to everything. Not sure how to move forward with that concept, but there's that. I'm crafting a list of duties and responsibilities we were exchanging for our stay here, along with benefits of having an occupied (vs unoccupied) asset in a neighborhood retaining its value, and wish to request of someone as high in the food chain as possible that we be allowed to remain under the same terms, but for a year, with the understanding we get a 90-day notice once they decide to move forward with marketing the home. Does this even sound feasible to you?
Flag Tue Nov 27, 2012
Andrew Watki…, Agent, Los Angeles, CA
Tue Nov 27, 2012
Do you have a lease? If not, then make one up ASAP. If its 1-year or longer, you can stay for the full term of the lease. If its month-to-month, then you get 90days minimum. Bank doesnt care about "win-win" situations. They will steam roll you and evict you unless you have a lease.
0 votes
Unfortunately, the former owner is not responding, though someone did enter and remove items from the property several hours after the foreclosure was recorded. Because our "rent" was an exchange of services, would we now fall under Tenancy at Will, effectively being viewed as month to month tenants under the law?
Flag Tue Nov 27, 2012
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