Real Estate Foreclosures – If Renting, Know Your Rights

 If you are renting, these times of continued real
If you are renting, these times of continued realestate foreclosures should be enough to goad you to
estate foreclosures should be enough to goad you toknow your rights before you experience eviction due
know your rights before you experience eviction dueto your landlord’s foreclosure.
to your landlord’s foreclosure.You do not have to wait for your landlord to tell you
You do not have to wait for your landlord to tell youthe property you are renting has been foreclosed
the property you are renting has been foreclosedand you have to move out immediately. A lot of
and you have to move out immediately. A lot ofdistressed landlords do not notify their tenants
distressed landlords do not notify their tenantsproperly in case of foreclosure for fear of having
properly in case of foreclosure for fear of havingtheir properties vacated before the actual foreclosure
their properties vacated before the actual foreclosureis implemented.
is implemented.Many of these troubled landlords also no longer have
Many of these troubled landlords also no longer havethe money to pay back security deposits.There is
the money to pay back security deposits.There isone legal way for you to know in advance if your
one legal way for you to know in advance if yourlandlord is being foreclosed upon. You can request
landlord is being foreclosed upon. You can requestyour county to notify you in case the property you
your county to notify you in case the property youare renting gets foreclosed.
are renting gets foreclosed.While the procedure of requesting for notification
While the procedure of requesting for notificationvaries from state to state, the steps are generally
varies from state to state, the steps are generallythe same. To get this notification, you are typically
the same. To get this notification, you are typicallyrequired to file a request with your county recorder.
required to file a request with your county recorder.You need information on the property such as name
You need information on the property such as nameof trustor, name of beneficiary and document
of trustor, name of beneficiary and documentnumber, which you can get from the recorded deed
number, which you can get from the recorded deedof trust. You can obtain a duplicate of the recorded
of trust. You can obtain a duplicate of the recordeddeed of trust from a title company.
deed of trust from a title company.After having the form notarized and after paying the
After having the form notarized and after paying thefiling fee, the county recorder then accepts your
filing fee, the county recorder then accepts yourrequest and notifies you if the unit you are renting
request and notifies you if the unit you are rentinggets a foreclosure filing.
gets a foreclosure filing.In California, real estate foreclosures take about
In California, real estate foreclosures take aboutthree to four months to complete. With the
three to four months to complete. With thenotification, you will have enough time to prepare and
notification, you will have enough time to prepare andwill have reason to use your security deposit as your
will have reason to use your security deposit as yourrent payment.
rent payment.Under the Helping Families Save Their Homes Act,
Under the Helping Families Save Their Homes Act,which took effect in 2009, you can stay in your unit
which took effect in 2009, you can stay in your unitfor at least three months more if you pay your rent
for at least three months more if you pay your rentfrom month-to-month.
from month-to-month.If you have a long-term lease, you can choose to file
If you have a long-term lease, you can choose to filea complaint in a small claims court so you can recoup
a complaint in a small claims court so you can recoupyour deposit and claim compensation that you can
your deposit and claim compensation that you canuse to move. You can also negotiate with the
use to move. You can also negotiate with theforeclosing lender for cash assistance.
foreclosing lender for cash assistance.If you made a large deposit and your landlord refuses
If you made a large deposit and your landlord refusesto return it or no longer has the capacity to return it,
to return it or no longer has the capacity to return it,it is best if you ask help from a lawyer. There could
it is best if you ask help from a lawyer. There couldbe laws that apply to your situation and enable you
be laws that apply to your situation and enable youto recoup your money. State and federal legislators
to recoup your money. State and federal legislatorshave already passed laws that protect renters from
have already passed laws that protect renters frombeing abused in case of real estate foreclosures.
being abused in case of real estate foreclosures.