Contra Costa California Eviction in Foreclosure Package

State:
California
County:
Contra Costa
Control #:
CA-P113-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package is an important tool for complying with California and federal laws when evicting tenants after a change in ownership due to foreclosure of the property.



Included in this package are the following forms:



1. USLegal Guide to Eviction in Foreclosure


2. Sample Notice to Tenants of Eviction Rights in Foreclosure


3. 90 Day Lease Termination Notice to Tenant of Property in Foreclosure


4. Cover Sheet for Eviction Notice in Foreclosure


5. Summary of California Law Covering Tenants of Property in Foreclosure



Purchase of this package is a savings of 50% over purchase of the forms individually!

The Contra Costa California Eviction in Foreclosure Package is a comprehensive legal document that serves as a crucial resource for both landlords and tenants involved in eviction proceedings due to foreclosure in Contra Costa County, California. This package contains various important forms, informational materials, and guidelines that help facilitate the eviction process in accordance with the specific laws and regulations of the state. One of the primary objectives of the Contra Costa California Eviction in Foreclosure Package is to ensure a fair and transparent eviction process, protecting the rights and interests of all parties involved. It aims to establish clear guidelines and procedures that landlords and tenants must adhere to during the eviction process. The package typically includes the following key components: 1. Eviction Notice: This form is officially served to the tenant to notify them of their eviction due to foreclosure. It includes information such as the reason for eviction, the required time for the tenant to vacate the premises, and instructions on how to respond if they wish to contest the eviction. 2. Request for Mediation: This form allows tenants to request mediation as an alternative dispute resolution method. Mediation provides a platform for landlords and tenants to come to a mutually agreed-upon resolution, potentially avoiding the formal eviction process. 3. Tenant Declaration: This form enables tenants to declare their eligibility for relocation assistance or other related benefits as per local laws and regulations. 4. Notice of Intent to Demolish/Limitations on Offering Units for Rent: If the foreclosure involves the intention to demolish or limit the rental availability of the property, this notice is provided to the tenant, outlining their rights and the impact of the foreclosure on their tenancy. 5. Informational Brochures: The package typically includes informational brochures, detailing the legal rights and responsibilities of both landlords and tenants involved in the eviction process. It may cover topics such as tenant rights, financial assistance programs, fair housing laws, and resources for legal aid. While there may be variations in the specific contents of the Contra Costa California Eviction in Foreclosure Package based on local laws and regulations, these are the common elements typically included. It is important for both landlords and tenants to thoroughly review and understand the contents of the package to ensure a smooth and lawful eviction process.

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FAQ

Time for Service The Sheriff will serve a 5-Day Notice to Vacate within three business days after receipt of the writ. The eviction occurs as soon as possible after the expiration of the 5-day notice. The writ of execution (possession of real property) expires 180 days after its issuance date.

Contra Costa County has an eviction moratorium that stops renters from being evicted for nonpayment of rent, if they can prove that they couldn't pay because of COVID-19 hardships. It also stops landlords from evicting tenants without cause or because they have family members living with them during the emergency.

Tenants cannot be evicted unlawfully in the state of California. However, a landlord has the right to evict a tenant after failing to pay rent on time.

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.

Your landlord must apply for rental assistance by March 31, 2022 before they can try to evict you through the courts for failing to pay your rent.

The federal Protecting Tenants at Foreclosure Act of 2009, as clarified by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, requires that most tenants in occupancy at the time a property title is transferred between owners due to foreclosure cannot be required to vacate for at least 90 days after

As a result of the Act, those who purchase properties at a foreclosure sale must allow tenants 90 days to vacate if the new owner intends to make the property his or her residence.

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.

After the documents are filed, the landlord must have the Writ of Possession served by the Contra Costa Sheriff's Department, Civil Division to complete the eviction. The landlord cannot evict you without the sheriff.

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Items 1 - 6 — Then, check the box that describes the type of notice you sent to the defendant(s). Fill in the date that the notice ended.Complete the attached forms in black ink. Free legal aid can help with eviction notices, unsafe housing, repairs, landlord disputes, and more. Dial (855) 275-3246. Loaves and Fishes is continuing to "Nourish Lives" in the Contra Costa Community through. Responsibilities, rent increases, termination of leases, and eviction notices. The California court's website has resources on housing matters, including evictions (unlawful detainers), foreclosures, and security deposits.

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Contra Costa California Eviction in Foreclosure Package