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  #1  
Old 10-16-2009, 12:28 AM
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renter in a forclosure, proper notice??


What is the name of your state (only U.S. law)? CA

I have been residing in a house for over 2 years, that is now owned by a bank by way of foreclosure. 2 weeks before that sale recorded on June 29, 2009, a woman, realtor/broker, not from the bank, came and asked us when we planned to move out and tried to offer cash for keys; not nearly worth the rushed move. We told her we could possibly move out in 15 days and that we'd wait for a notice to vacate, she responded with "the bank has already started the eviction prossess". Late July she left a note on our door and an email wanting to know what date we planned to move out. We responded that we we're still waiting on the notice. Since then we have not received anything written saying to move out 60 or 90 days of a certain date. The woman came to our door October 13, 2009 raising her voice at us, saying that the eviction attorney posted a notice to vacate on August 13, 2009. She said we should be out be now. We never saw the notice, nor received anything in the mail or delivery about this. The options we were given were to try to negociate cash for keys to be out in 2 weeks or to be put in a sherriff lockout. None of this seems right, what should we do?
  #2  
Old 10-16-2009, 01:30 AM
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Most tenants in foreclosed properties are entitled to a minimum 90 days notice to vacate, under the federal Protecting Tenants at Foreclosure Act (Title VII, PL 111-22). For more information about the federal protections, go to [url=http://www.nlihc.org/template/page.cfm?id=227]NLIHC: Renters in Foreclosure Toolkit[/url].

It's really important that you continue to pay rent after the foreclosure. If you don't, you can be evicted for nonpayment under state law. The federal law is intended to protect tenants in good standing, from eviction through no fault of their own.

You stated that the property is now owned by a bank; do you know which bank? You need to contact them right away to make arrangements to pay. You said that you had an e-mail from the realtor. Reply to the e-mail and request contact info for the new owner/bank.

My opinion is that your best course of action at this point is to contact the realtor and try to get information on what notices they claim to have sent to you, and how you should make payment.

Last edited by DeenaCA; 10-16-2009 at 02:36 AM.
  #3  
Old 10-16-2009, 01:55 AM
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Join Date: Oct 2009
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renter in a forclosure


When the foreclosure was finally brought to our property management's attention, they gave us our deposits back and refunded the rest of the months rent and basically told us they had nothing to do with it anymore. No one has contacted us or asked us to pay rent, or even offered the option. I had to ask a friend that worked for a real estate agent to find out which bank owned the house. I plan to call the bank first think in the morning, we wouldn't mind buying the house, for the right price. At this point in time though, do you think this realtor is just using scare tactics to get us out so she can get the listing? Is it possible she's just saying there was a notice? She hasn't shown us anything to prove there were any notices.

Last edited by metsblmwbc; 10-16-2009 at 01:59 AM.
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