I have an employee that owns a home in Yuba City California. He rented it to another employee of ours. The owner of the property has collected the rent for years and has not paid the mortgage. A Notice of Trustee Sale has been issued on the property. However, the renter has been paying rent and doing repairs on the home in order to purchase it in the future. The renter has 5 children and not a very good credit rating since his divorce 5 years ago. Is there any way that the Trustee Sale can be stalled or stopped. He has until 3/31/2011 before the sale occurs. Any help for the renter would be extremely helpful.
Thank you very much,
My firm has handled foreclosure defense all over, but we are just beginning in California. I would be happy to talk further about the particular challenges surrounding California law.
The property owner is really the person holding the cards in this situation. It would be good for that property owner to essentially work with your renter in a manner that we have seen work successfully here in Missouri.
A good, aggressive letter-writing campaign can sometimes stop a foreclosure, especially if it is punctuated by a clear understanding of the way these mortgages actually work.
If the trustee's sale goes ahead, the renter would have certain rights under federal law. Tenants now have the right to stay in their homes after foreclosure for 90 days or through the term of their lease. The protections expire at the end of 2012.
Trustee's sales in California are often postponed or delay for a variety of reasons, but this is up to the owner to negotiate with the lender.
The tenant should also be aware of recent changes in California law which affect tenants of foreclosed properties: