CA foreclosure rented property

[B2004]

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

I'm currently living in what used to my my parents house, they moved out of country and have had my uncle renting it to me for about 3 years. Now I got a letter on the door saying the house is up for auction at the end of the month. After many calls its true, the house is in foreclosure. How long do I have to vacate? I ask because I'm getting conflicting opinions due to he fact that I'm a tenant but don't have an actual lease agreement.

Thanks!

 

[sandyclaus]

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

I'm currently living in what used to my my parents house, they moved out of country and have had my uncle renting it to me for about 3 years. Now I got a letter on the door saying the house is up for auction at the end of the month. After many calls its true, the house is in foreclosure. How long do I have to vacate? I ask because I'm getting conflicting opinions due to he fact that I'm a tenant but don't have an actual lease agreement.

Thanks!

If the property is foreclosed upon, you will have the protection of the Protecting Tenants at Foreclosure Act. A tenant with a lease is protected until the end of their lease. A month-to-month tenant is entitled to no less than 90 days' written notice prior to having to vacate the premises. In either instance, the tenant MUST continue to pay rent to the new owner once ownership is transferred (a new owner who purchases, or the bank who takes possession after the foreclosure has taken pace) and follow all terms of the original lease/rental agreement with the original owner, or they can be subjected to eviction just the same as any other tenant in a non-foreclosure situation. Some states or local ordinances may provide additional protections.

Here is a summary of the PTFA for your reference: http://www.nolo.com/legal-encyclopedia/renters-foreclosure-what-are-their-30064.html

 

[LdiJ]

If the property is foreclosed upon, you will have the protection of the Protecting Tenants at Foreclosure Act. A tenant with a lease is protected until the end of their lease. A month-to-month tenant is entitled to no less than 90 days' written notice prior to having to vacate the premises. In either instance, the tenant MUST continue to pay rent to the new owner once ownership is transferred (a new owner who purchases, or the bank who takes possession after the foreclosure has taken pace) and follow all terms of the original lease/rental agreement with the original owner, or they can be subjected to eviction just the same as any other tenant in a non-foreclosure situation. Some states or local ordinances may provide additional protections.

Here is a summary of the PTFA for your reference: http://www.nolo.com/legal-encyclopedia/renters-foreclosure-what-are-their-30064.html

I agree with this. However, I am going to add something here. Have you spoken to your parents? Are they aware that the mortgage has not been paid? Has your Uncle been pocketing the rent rather than paying the mortgage and/or the property taxes? There is still an opportunity to save the house if they have any real equity in it.

 

[DeenaCA]

I'm not sure that the OP is protected by the Protecting Tenants at Foreclosure Act. PTFA does not protect the children of the losing owner(s). So if the OP's parents still own the property, PTFA would not apply. If the OP's uncle now owns the property, the tenancy would be protected only if the OP is paying market rent and if the rental agreement was an "arm's-length transaction". Read more at http://nlihc.org/library/other/foreclosure.