Legal Question in Real Estate Law in California

I have a rent house. We got behind due to family illness. We chose to do a repayment plan and have not been late. They do a once a month inspaection and photos of the property from someone they hire. On one of these times our tenant asked why she was taking pics and the inspector told her, "honey because they are about to lose this house so you need to save your money." Which I thik violated a privacy law, not to mention it wasn't true. So now our renter doesn't want to pay rent because she thinks she's going to have to move, which makes it that much harder for us to make that payment. I want Citimortgage and the company they hired held accountable for their actions is there anything I can do legally to resolve this. My tenant has been in our house for three years and has been really good, I'm pissed off that the inspectoir they hired acted so unprofessionally. I contacted citimortgage and was told basically they wouldn't do anything about it. Is there anything I can do?

Asked on 9/10/10, 12:19 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Hire an attorney to review all of the facts, interview the witnesses, and then sue them for potentially violating their own privacy policy. Default on your mortgage is private only to a point - the lender is required to publish a Notice of Default when they get to that point, and then a Notice of Trustee's Sale - these are public record documents which theoretically tell your tenant the exact same information, so it may not be relevant how she heard it. Again, the answer to your question can only be given upon a thorough review of all of the facts. Good luck.

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Answered on 9/16/10, 11:45 am

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