house is in foreclosure

[stinker5150]

What is the name of your state? California.. I'm a tenant in a house that is in foreclosure...what happens to me as a tenant. Will I be locked out of the property at any given time? Once the bank forecloses on the property will i be notified or just locked out? Is there anyway I can stay? I need help please because my landlord is acting as if he has no idea what is going on...He recieved a notice in my mailbox to pick up cerified mail from Asset Foreclosure( who are they?). He threw the notice away. How can i get answers before i'm locked out? I know I have alot a questions but I am so clueless when it comes to banks and real estate and foreclosures and all the procedures.. thanks in advance. Oh the real estate agent that has been working to sell the house said the house is going up for auction on oct. 5th...maybe that is just an attempt to get us to agree to move out so that she can then sell the house and deliver it to new buyers vacant. zi'm so confused. thanks again.

 

[moburkes]

What is the name of your state? California.. I'm a tenant in a house that is in foreclosure...what happens to me as a tenant. Will I be locked out of the property at any given time? Once the bank forecloses on the property will i be notified or just locked out? Is there anyway I can stay? I need help please because my landlord is acting as if he has no idea what is going on...He recieved a notice in my mailbox to pick up cerified mail from Asset Foreclosure( who are they?). He threw the notice away. How can i get answers before i'm locked out? I know I have alot a questions but I am so clueless when it comes to banks and real estate and foreclosures and all the procedures.. thanks in advance. Oh the real estate agent that has been working to sell the house said the house is going up for auction on oct. 5th...maybe that is just an attempt to get us to agree to move out so that she can then sell the house and deliver it to new buyers vacant. zi'm so confused. thanks again.

You won't be locked out. The house will likely go to the Sheriff's Sale, and may or may not be bought. You can contact your local housing department for additional information. You may be required to pay your rent to the courts. You should, however, be prepared to move soon. If he sold it privately, the new LL would need to honor your current lease. Since this is a foreclosure sale, your lease will terminate early.

 

[stinker5150]

thanx...im brand new..

I really apprieciate the great information... but it seems that the property did
close in a private sale and the new owners want us out asap..no one gave us a
30day notice, is that required at all? can the new owers just have us move out
just like that? The new owner came buy tonight asking if we would be out in two
weeks and if in the meantime would i allow him to store some of his things in
one of the rooms...is that a good idea? He was promised that the property would
be delivered vacant. Can he sue me? do i have to move out or does he have to
give me 30days notice? Im so stressed and ready to go im just not financially
ready. Do i have rights in this situation or can i be sued by the new
owner...My lease expired on Aug. 25th 07 but my previous landlord accepted my
rent and didn't say that i had to move... your help and advice is really
apprieciatied..thank you.

 

[stinker5150]

thanx...im brand new..

I really apprieciate the great information... but it seems that the property did
close in a private sale and the new owners want us out asap..no one gave us a
30day notice, is that required at all? can the new owers just have us move out
just like that? The new owner came buy tonight asking if we would be out in two
weeks and if in the meantime would i allow him to store some of his things in
one of the rooms...is that a good idea? He was promised that the property would
be delivered vacant. Can he sue me? do i have to move out or does he have to
give me 30days notice? Im so stressed and ready to go im just not financially
ready. Do i have rights in this situation or can i be sued by the new
owner...My lease expired on Aug. 25th 07 but my previous landlord accepted my
rent and didn't say that i had to move... your help and advice is really
apprieciatied..thank you.

 

[FlyingRon]

Nobody made that promise to him (or if they did, they were lying and it has no bearing anyhow not being in writing). Foreclosures frequently involve people living in the property (either renters or the owners). If he'd done any due diligence on his own, he'd have known you are there. Foreclosure purchases are not for the stupid.

He can certainly ask you to leave. He will however have to formally evict you to force you out. You have two options:

1. Cooperate with him to stay there as long as you need to find a suitable replacement house as close to the two weeks or so as you can manage. Let him store is stuff in HIS house.

2. Wait for him to go through the formal eviction procedings, but note that if you get down to the sheriff coming to the door to turn out your belongings it won't be pretty. It was bad enough seeing people turned out of aparptments and row houses when I worked in Baltimore City, I've seen a few whole house evictions here in the NoVa suburbs, and they ain't pretty.

 

[stinker5150]

It was actually a private sale

The property actually sold before the foreclosure...(am i expalaining it correctly?) the house was in escrow and the escrow closed on Tuesday...When the house was listed (or in the escrow agreement) the house was to be delivered vacant. Noone told me that until the real estate agent came to the door saying that the house sold and the new owers want the keys asap! We had a heated discussion about the situation and i demanded that they give me a proper notice... (30 days) now i find out that the notice could be 60 days.. Where are my rights as a tenant now i am made to suffer (along with the new owner). Can he sue me? evict me without the proper notice...Is it now my problem that the realestate agent was so money hungry that she didn't inform the buyer that i was in the residence and she nor the landlord bothered to give me the proper notice of the sale. Can i sue the agent? can the new ower sue the agent? I dont really fill comfortable storing his things here...i dont want to be held responsible for his things. Where are my rights as a tenant? I dont understand how she (the agent) did that to us...(the buyer , her client and myself) it's just not right. thanks for all the information.

 

[moburkes]

He has to formally evict you OR you can ask to be paid to leave sooner (like deposit back, agreement to break the lease, and some extra cash - like 1 month's rent).

 

[stinker5150]

He's Pitched A Tent In My Backyard

He has actually pitched two tents in my backyard!!! can he do this? He says that he has nowhere to go and he doesn't care if i call the police.. is that an option for me? he has all kinds of stuff in my backyard.. its a thiefs dream come true. He gave me a three day notice to pay rent or quit as my rent was due on the 25th of the month..can i charge him rent for storage? how can he make me pay rent for space i can't occupy because he is? It's getting crazy or crazier by the day. Do i have to give of my tenant rights because he is using these tactics to scare of force me out. He's not even the LL his mom is. I guess she [purchased the huse for her son. I dont wanna be mean but it seems he is exercising his rights as a landlord (3day notice) why cant I..(right to live in peace). confused once again. I'm feeling bullied.

 

[HomeGuru]

He has actually pitched two tents in my backyard!!! can he do this? He says that he has nowhere to go and he doesn't care if i call the police.. is that an option for me? he has all kinds of stuff in my backyard.. its a thiefs dream come true. He gave me a three day notice to pay rent or quit as my rent was due on the 25th of the month..can i charge him rent for storage? how can he make me pay rent for space i can't occupy because he is? It's getting crazy or crazier by the day. Do i have to give of my tenant rights because he is using these tactics to scare of force me out. He's not even the LL his mom is. I guess she [purchased the huse for her son. I dont wanna be mean but it seems he is exercising his rights as a landlord (3day notice) why cant I..(right to live in peace). confused once again. I'm feeling bullied.

**A: call the police.

 

[Ozark_Sophist]

When was the last time you paid rent?
After your one year lease expired, you went to month-to-month. You should get a 30 day written notice that your m2m lease is over.

 

[FlyingRon]

If it wasn't FORECLOSED upon, then you lease is still valid.

 

[FlyingRon]

If it wasn't FORECLOSED upon, then you lease is still valid. If you're still legally renting, then he has no business living on the property.

 

[TinkerBelleLuvr]

When is your lease up? Do you have a security deposit? First/last month rent paid upfront?

 

[stinker5150]

My lease was up August 25th. I gave no security deposit. He only ask that i pay the first months rent. I havve been getting alot of good information and advice so thats to all of you!! Did i mention that his mom is buying toe house for him to live in. I have never met with his mom nor has anyone shown me any paper work stating that they have ownership of the house...do they have to show me some proof other than the three day notice? friends of mine are saying that he can get an unlawful detainer right away and have me locked out since he is the new owner...can he do that? I thought that only applied fi the house was foreclosed on? thanks angain for all the advice and information can anyone hellp me out with the question about how much rent i should have to pay? 900 or 1400 because aftermy lease ended he (previous Ll accepted 900.00 as the full payment of rent0 Did that begin a new m2m agreement?

 

[stinker5150]

One Last ?

He gave me a three day notice to pay rent or quit...Saturday the 29th of Sept. but the date on the notice is Friday the 28th..so do i count from the day i got it or the date on the notice? How can i prove he gave it on Saturday and not Friday?