Foreclosed And Evicted Your Rights as a Tenant During the Foreclosure Process

Real estate lawyer california

If you?ve filed for foreclosure on your house, you are not alone. In 2013, one out of every 96 American homes filed for foreclosure and, as of 2017, one out of every 200 homes will be foreclosed. However, state laws regulate foreclosure opportunities and notices to give homeowners the proper chance to pay before their property is sold. In the state of California, it can take up to 40 days before a house is foreclosed.

But not every home is a one-family home. After those 40 days are up and a building has foreclosed and sold on the market, what are the rights of the tenants who live in the building?

To evict a tenant who has lived on the property for more than a year, the landlord must procure a 60-day vacation notice in the event of eviction. If the tenant of the building being foreclosed upon has not been evicted, their existing lease agreement falls on the shoulders of the new owner. However, if the tenants have a monthly lease the new owner has the right to either offer tenants a new rental agreement or begin the eviction process with a 90-day notice in contrast to the former landlord?s 60-day vacation notice.

In the event of eviction and during the eviction process, a tenant has multiple options. If brought to court, a judge will hear the eviction case within 20 days of the trial request. But, if the tenant hasn?t been directly named during the case or in the initial eviction, the tenant has the ability to challenge the eviction during the case or even after judgment has already been declared.

Tenants can also stay up to date with the foreclosure process of their building by filing a Request for Notice — which can be purchased through a title company or any store selling legal documents — through their county recorder?s office and will entitle them to a Notice of Default and Notice of Sale regarding their building.

For tenants in California, according to California Courts, there are ?eviction or rent control laws? in certain cities which ?prohibit new owners from using foreclosure as a reason for evicting tenants.?

If your building has been foreclosed and you?re a tenant, contact a real estate attorney to know your rights in the foreclosure process and to know whether you have the right to continue living in your building.