Legal Question in Real Estate Law in California

I am a renter of a house that was foreclosed on, I was contacted by Wells Fargo Asset Services on 10/14. They sent me a letter with 3 options one was cash for keys another was continue with my lease and then a 90 day eviction.

I contacted the agent listed on the paperwork on 10/14 and let her know I would like to continue my lease, she told me that she would talk to her manager and get back to me. She said that she probably would not hear anything back until after the holidays which surprised me. On Tuesday I received an email from the same agent saying Wells fargo is proceeding with the eviction and I better make some decisions. I know I have rights, one is Protecting Tenants at foreclosure act of 2009 which give us 90 days before they began to evict us. I also have the right to choose the keep my lease. What should I do because Wells Fargo is not following the law?

Asked on 10/20/09, 7:53 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Complain to the state and federal agencies that regulate Wells, which will probably not really help. Tell the agent Wells is in clear violation of the law and that as their agent she also has liability. Contact some of the TV and radio consumer assistance people to see if they can embarrass Wells to act correctly. Look at the Act to see what remedies it provides. Go as hilgh up in Wells mortgage as you can [demand to speak to someone who has the authority to compel Wells to follow the Law--they will all probably deny they have any power]. If none of that works, wrlite to Wells stating that you will sue them and you are now interviewing attorneys who are willing to take the case and probably take it as a class action. Then start contacting attorney who do consumer class action suits and see if they are interested.

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Answered on 10/20/09, 8:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Shers advice is good, but before you launch an aggressive campaign, be sure you fit into a category protected by the Protecting Tenants at Foreclosure Act and that the protection you are claiming is afforded under the act. Specifically, be sure you are not in default under the terms of your lease; that the unexpired remaining term of your lease is more than 90 days, and that the buyer is not someone who intends to make the property their primary residence.

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Answered on 10/20/09, 11:52 pm

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