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CA Court Site Info on Foreclosure

Saturday, February 16, 2013


Legal Research, California Foreclosure ...Where to Start?


You may not have much time-- but if you have managed to work out staying in your home for a few months, or have agreed to temporarily rent your home for awhile, we suggest you look at the CA court site, http://www.courts.ca.gov/1048.htm, which gives a lot of information on the subject as an overall view.    



Many owners believe that the government may bail out their loan, or that the lenders MUST give you a modification, or that because you have a "securitized loan" you can prevail, or that because you were promised something from a lender, it means it is true, or if the lender outright lied to you, you are going to win a lawsuit, or that a forensic audit means you spend $3,000 but no guarantee of winning your case, or that if you got kicked out of your place, you automatically win something, or that Kamala Harris' program will pay off your debt.............there is ONLY one true statement in the sentence, and it is highlighted in RED.

Here is some information fron the court site:


Rights of Tenants During a Foreclosure

If there are tenants in the house that was foreclosed on and if they are in good standing and the home went into foreclosure through no fault of theirs, the new owner must honor the existing lease. BUT when the tenants have a month-to-month lease or the owner/landlord also lives in the home that is being foreclosed on, the new owner can evict the tenants or former owner/landlord. In these cases, the new owner may either (1) offer the existing tenants a new lease or rental agreement or (2) begin eviction proceedings. If the new owner chooses to evict existing tenants (other than the former owner), the new owner must give the tenants at least 90 days’ notice before starting eviction proceedings.

  • There are other rights that tenants have in eviction cases done after a foreclosure. If a tenant is not named in the complaint for the eviction, he or she may be able to challenge the eviction at any time during the case or even after the judgment for eviction is made. If you are an occupant of a foreclosed property where the new owner filed an eviction case, talk to a lawyer or call the Tenant Foreclosure Hotline at 1-888-495-8020 to learn about your rights.
Tenants in some California cities may still have a right to stay in their buildings. Cities with eviction or rent control laws prohibit new owners from using foreclosure as a reason for evicting tenants.
Note: If you are a tenant and want to find out if the place you rent is in foreclosure, you can record, in your county recorder’s office, a form called a Request for Notice, asking that you be notified of any foreclosure proceedings. This way you, as the tenant, will receive a copy of the Notice of Default and Notice of Sale and know the status of the foreclosure.  You can buy a Request for Notice at stores that sell legal forms or get 1 from the customer service department of a title company.

Help for tenants during a foreclosure

There are resources for tenants to get more information about their options. Read Tenant’s Rights in Foreclosed on Properties. Tenants may also call the Tenant Foreclosure Hotline at 1-888-495-8020.

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