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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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We are in California and our residence that was in trust was

Customer Question

We are in California and our residence that was in trust was just sold at foreclosure auction. We have resided here for twenty plus years, we did not pay rent during that period. We have been served a notice to vacate, are we entitled to 90 days as bona fide tenants?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  Michael Lykken, Esq replied 8 months ago.

Hello, thank you for using this service. I am a licensed California attorney and I am happy to help you with this. Please understand that I can only give you general advice in this forum, and I have a law practice so if I am not able to respond quickly to you it because I am in a meeting or at court. In all cases I will respond back at night. Now on to your question.

The first question I have for you is what is your relationship to the trust? Are you beneficiaries of the trust?

Second, how did you end up in the house without paying rent?

Third, who was responsible for the mortgage that was foreclosed on?

If you could answer these questions it would helpful in clarifying an answer for you. Thank you.

Customer: replied 8 months ago.
My husband is the beneficiary. We have lived here for over twenty years prior to the Trust writers death and have never paid rent. The heloc was taken out by the Trust maker prior to his death. We paid it for nearly three years eventhough after his death it would have become the responsibility of the Trust. The attorney was notified at the time of the increqase of the payments that we could not afford to pay triple what we had been paying -- she did nothing to assist us at that time. Needless to say it sold yesterday.

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