My landlord said she asked for a modification?loan on Friday. The bank will let her know on Monday. Is that possible ,so fast. Or is my landlord lying to get me to continue to pay her.Should I send information to bank of renting the house and copy of lease.
Real Estate Attorney
Your agreement with the landlord is separate form her agreement with the bank. If you do not pay rent she can begin eviction proceedings so keep paying your rent if and when the house is sold you will know. You will have some time yet, but it is never to early to start looking for another place so you are ready.
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4 lawyers agree
Landlord / Tenant Lawyer
Dear Escondido Tenant:
I am an attorney licensed in New York. I do not practice in California.
Mr. Alexander stated the near uniform rule in this country that a landlord's foreclosure business does not terminate the tenant's obligation to pay rent. And in some instances, stopping the rent jeopardizes some tenant rights to remain in possession for a limited time post foreclosure.
See a local attorney to protect your tenancy rights.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
Debt Collection Attorney
I agree with the other responses. I practice in North Carolina and not in California but I would not reccomend stopping rental payments as that will likely result in eviction. You may be protected by a Federal Law called Protecting Tenants at Foreclosure Act but this law will not help you if you are behind on your rent. California may have laws specific to tenants in foreclosure. I reccomend that you speak with a local attorney who can advise you on state specific laws and options. For example, here in NC a tenant who has received a sale notice can give ten days notice and break their lease. It is possible that CA has similar laws that would protect you and a CA real estate/landlord/tenant attorney shoudl be able to help you understand your rights.
The information you obtain from this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
2 lawyers agree
Chapter 7 Bankruptcy Attorney
Yes it is possible that the landlord is attemping a loan modification. Sometimes during this process a foreclosure sale gets set, but then it gets postponed. Your landlord could also be attemping a chapter 13 bankruptcy to restructure the debt & deal with the mortgage(s). If you have been a tenant for at least a year with a written lease you will be given 90 days to vacate after foreclosure sale. Stopping payments now, while landlord is the owner of the property, can result in an eviction & foil any attempts by the landlord to retain the property since the loss of rental income no doubt will put an added financial strain on the landlord.
I am not YOUR lawyer. Don't rely on answers to questions as legal advice. For legal advice contact a Bankruptcy Attorney for a consultation. Tokarska Law Center is a Federal Debt Relief Agency representing individuals and businesses in filing for bankrutpcy protection under the U.S. Bankrutpcy Code. Kathryn U. Tokarska is a San Diego Bankruptcy Attorney, owner of Tokarska Law Center, 185 West F Street #100, San Diego, CA 92101, (619) 285-1992 www.sdbankrupt.com