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house in foreclosure

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In California; We rented our house on 4-3-01. My "landlord" was served an NOD last week--however the loan at least is not in the same name as the guy who signed my lease as a landlord (I don't know whose name is on the grant deed). We paid a huge deposit and cannot afford to move out unless it is refunded (we have a one year lease and expected to have at least that long before we'd need to come up with another deposit). The mortgage payments were two months behind at the time it was rented to us and the "landlord" freely admits that he spent our deposit money elsewere. The mortgage company thinks the house is owner occupied and I am afraid of making things worse. What do we do?? I have two toddlers and I'm worried sick.


Senior Member
CA Notice of Default

First...notice of default is served on anyone who has an interest in the property and who has asked to be notified in CA.

Send a copy of the notice to whoever you rented from and make them aware that you know what is going on. Make sure that they have discussion with you regarding what is happening. Pay your June rent and if you don't hear from your landlord in June as to status of mortgage, then begin to worry and think about withholding your July rent.

Foreclosure in CA takes almost 6 months - an eviction can take as little as 30 days.....If/when the unit is foreclosed, your deposit disappears and the new owner or the bank has no responsibility to you AND you are no longer a tenant. You would have to look to old LL for monies paid for the deposit.

Get to your local L-T association and if you can't find any in your phone book, check www.tenantsunion.org/directory

Good luck.


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