Where is it written that I have to pay the bank rent after the foreclosure and the 90 day eviction notice ("PROTECTING TENANTS

Asked over 4 years ago - Elk Grove, CA

Where in the california law state that I owe the bank rent during my 90 day eviction? All laws I read dont state this. I have paid my rent on time and have paid a deposit. I dont have the money to move to another place. I need first and last month rent to move. I need time and money to move. We have our children in schools that only have a couple of months left. We need more time and money. Again I have read the "PROTECTING TENANTS AT FORECLOSURE ACT" of 2009 and no where does it state that I owe rent to the bank especially if its an evicition. I have no contract with the bank and the one I had with the landlord ended at point of Transfer deed of sale.

Attorney answers (1)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . Look at the Act's definition of the foreclosing lender. If they're the ones that got the property, then they're the "immediate "successor in interest" to the borrower/landlord, and if you're under a lease, the lender becomes your landlord and that's who you owe rent to. If you weren't under a lease and were month-to-month, same result, so you're incorrect that you have no contract with the bank, you in effect get one at the time of the foreclosure.

    Your financial condition is regretable, but you don't get to live rent-free because of the foreclosure.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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