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Foreclosure in 95661 : Real Estate Advice

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  • Local Info0
  • Home Buying8
  • Home Selling2
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Activity 9
Mon Jul 2, 2012
Ute Ferdig answered:
Some of the properties you find on Trulia originate from and they don't disclose the address because they want you to sign up for their service. Trulia is a great site, but probably not the best place to get an accurate picture of properties actually for sale. ... more
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Wed Aug 3, 2016
Anna M Brocco answered:
At this point you may wish to consult with an attorney who specializes in real estate, he/she can best advise.
0 votes 8 answers Share Flag
Thu Dec 15, 2011
Bob Bloom answered:
I can find that out for you... go to my website below and send me the information and I will check into it for you.
0 votes 5 answers Share Flag
Mon Oct 4, 2010
Pp Bb answered:
Sorry this happened to her. Just understand, she hasn't been making payments for a long time now. & has been getting lots of notices. She needs to get as much of her stuff out as she can. They will be changing the locks at that time. ... more
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Fri Jun 25, 2010
Michele L Walker answered:
I work for a Chapter 7 Bankruptcy Attorney and am also a Realtor/Pre-Foreclosure Coach. please contact me at and I think I can give you some options, timelines and stratagies. I would rather talk to you one on one instead of in this forum. Thanks

Michele L Walker
... more
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Fri Mar 20, 2009
Shel-lee Davis answered:

I am not an attorney and this is really a legal question. I highly recommend that you ask an attorney. Also, remember, everything is negotiable, so it never hurts to try to negotiate remaining in the property. I am just not sure you have the legal right to remain in the property.

I will only share my understanding of the intent of the law which protects tenants in a foreclosure situation.
In California, landlord-tenant law gives tenants the right to 60 days notice to quit if they have occupied the property at least one year (30 days if under one year). As foreclosures on rentals started to increase, tenants were not being given this 60 day notice. Many of them had been paying their rents to the owner, while the owner was not paying the mortgage. Quite a few of them paid the rents right up to and through the foreclosure. Then to add insult to injury, since the banks were not the holders of the tenant's security deposit, they were being thrown out of their homes without the benefit of a refund of their deposit.

In an effort to protect the innocent renter who paid their rents on time (note the protection only applies if the tenant is not in default under their lease / rental agreement) and who was not in any way responsible for the foreclosure, the law was passed to require the lenders to give legitimate tenants 60 days notice to quit. This law was in no way meant to "protect" the owner of the property who defaulted on their mortgage.

The bill that was passed is SB 1137. Here is an excerpt from that bill that seems to answer your question directly (see section b):
"SEC. 6. Section 1161b is added to the Code of Civil Procedure, to read:
1161b. (a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit at the time the property is sold in foreclosure shall be given 60 days' written notice to quit pursuant to Section 1162 before the tenant or subtenant may be removed from the property as prescribed in this chapter.
(b) This section shall not apply if any party to the note remains in the property as a tenant, subtenant, or occupant.

Hope this helps answer your question and gives you a starting point to explore your options with an attorney. Dare to Dream.

Shel-lee Davis
Real Estate Consultant
RE/MAX Palos Verdes Realty
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Wed Jul 2, 2008
Carl Henker answered:
Your first step in shopping for a home is to be pre approved for a home loan with a lender of your choice. With loan programs changes occuring almost dailey you need to know how best to plan your purchase and establish a price range in which to shop for a home that is affordable. The pre approval will let potential sellers know you are qualified to purchase thier home. Good Luck ... more
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Fri Mar 14, 2008
Ken Brazil answered:
Hi C. Olson,
The bank will give clear title at close of escrow like any normal closing. Be sure that there's no HOA because the banks in most cases will not pay for any back HOA dues.
Hope this helps.
... more
0 votes 8 answers Share Flag
Mon Jan 21, 2008
Frank Biganski answered:

If you are in a rent-to-own, you should have had your own an attorney review the purchase agreement and contract before you signed it. If you have a legal agreement, then your rights and money invested are protected and you would just contact that attorney. Hopefully, it wasn't the same attorney the property owner was using.

If you did not have your own attorney or agent overlooking the purchase agreement, then contact a real estate attorney and have them review the contract currently in place. If you need an attorney, just google "roseville real estate attorneys" or perhaps a Realtor from your area can provide a referral.

Frank Biganski, Realtor ABR
... more
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