Legal Question in Real Estate Law in California

rental in forclosure

do i still have to pay rent if my lanlord

is in forclosure and who do i pay to


Asked on 9/15/08, 7:07 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: rental in forclosure

In a foreclosure, your current landlord owns the property until such time as the bank, or someone else buys the property at the foreclosure sale. You must pay rent to the current landlord until that date. How will you know when that happens? Nobody will likely notify you on the date so you'll either have to do some research to find out when the "Trustee's Sale" is scheduled for, or you can wait for a notice from the bank (or buyer at the foreclosure sale) indicating that they now own it. At that point, you are essentially at he mercy of the bank or buyer. California law recently changed, and the bank cannot simply evict you right after they acquire the property - they have to give you sixty days notice. They can charge you rent during that time, but so far I've heard mixed stories as to whether they do or not. Plan on paying rent until you move, and if the bank gives you 60 (or more) days free, then consider that a bonus. Good luck - sadly this forum is littered with questions from people in exactly your same situation.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/16/08, 12:11 pm


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