Can a bank kick you out of the house?

The bank cannot kick you off of your property without first getting a court order and filing an eviction. The bank cannot padlock your home's door if you're still living in the home. They must take the proper steps to evict you from the property.

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Summary of California Law Covering Tenants of Property in Foreclosure

Modesto Summary of California Law Covering Tenants of Property in Foreclosure

Name: Modesto Summary of California Law Covering Tenants of Property in Foreclosure
Brand: US Legal Forms
Rating: 4.81 (237 reviews)

Category:

California Real Estate - Foreclosures

State:

California

City:

Modesto

Control #:

CA-FORECL-14

Format:

Instant download

Description

This is an informative summary of tenant rights and landlord obligations when seeking to evict tenants after a property has gone into foreclosure. State laws, as well as local ordinances are discussed. Topics such as notice, just cause, relocation assistance, and utility rights are covered.

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FAQ

The bank cannot kick you off of your property without first getting a court order and filing an eviction. The bank cannot padlock your home's door if you're still living in the home. They must take the proper steps to evict you from the property.

If you live in the City of Los Angeles, renters in good standing cannot be evicted because of a foreclosure. (See details below.) If you live anywhere else in California, renters get until the end of their lease, or at least 90 days, to move out in a foreclosure.

After the foreclosure The new owner must serve you with a 3-day written notice to ?quit? (move out) and, if you do NOT move out in the 3 days, go through the formal eviction process in court in order to get possession of the home. That process typically takes several weeks.

Who do I pay rent to? Until the home is sold, you must continue to pay your monthly rent to your landlord. You owe rent to the new owner once the home is sold. If the new owner wants you to move out, they must give you a 90-day written notice.

The conventional foreclosure waiting period is typically seven years, though it may be shortened to three years in extenuating circumstances.

A: If you are a tenant and the property you rent goes into foreclosure, the new owner must honor the existing lease. BUT when you have a month-to-month lease, or when the people occupying the property are the owners who are being foreclosed on, the new owner can evict the tenants or former owners.

How Can I Stop a Foreclosure in California? A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before the sale, or filing for bankruptcy. (Of course, if you're able to work out a loss mitigation option, like a loan modification, that will also stop a foreclosure.)

You can stop a foreclosure in its tracks?at least for a while?by filing for bankruptcy. Filing for Chapter 7 bankruptcy will stall a foreclosure, but usually only temporarily. You can use Chapter 7 bankruptcy to save your home if you're current on the loan and you don't have much equity.

The California foreclosure process can last up to 200 days or longer. Day 1 is when a payment is missed; your loan is officially in default around day 90. After 180 days, you'll receive a notice of trustee sale. About 20 days later, your bank can then set the auction.

More info

How much notice must a California tenant living in a foreclosed property receive before the new owner files an unlawful detainer. 12th Street, Modesto, California (the "Property").California Land Title Association. CLTA Annual Summary of Legislation. 2.

Modesto Summary of California Law Covering Tenants of Property in Foreclosure

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