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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8153
Experience:  since 1983
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ra-kyl

Customer Question

We are tenants that happen to be involved in a foreclosure the plaintiff's attorney sent a certified
letter informing me that the house had been sold but he states that on the next court date which is the end of the month he will ask the judge for a writ my question is why or could he do so if the property has been sold and should I appear on the court date to speak to the judge to try and prevent the writ
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Are you under a written lease for a set term or are you month to month?
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Are you current on your rent?
.
.
Thanks
Barrister
Customer: replied 1 year ago.
now I am month to month paid the rent up until the redemption period
Expert:  Barrister replied 1 year ago.
Ok, if you are month to month and are current on your rent, then once the property transfers to the new owner, you would have to begin paying the rent to them. If you don't know who that is, then set up a savings account at a local bank and pay the rent in full and on time into that account so you have proof that you haven't breached the lease.
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Under the Protecting Tenants in Foreclosure Act of 2009, a tenant in a foreclosed property has either 90 days or until the end of the lease term, whichever is longer, before the new owner can move to terminate their lease and evict. The only condition is that they must pay the rent as usual or they waive the protection of the Act and can be evicted.
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With that said, I would suggest appearing at the hearing and bringing the Act to the court's attention if they aren't already aware of it (which isn't very likely). So under federal law, you would have at least 90 days before they could force you to move.
.

.

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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.
That federal law expired 12/12 so now what I dont agree with your answers also with that disclaimer I could trust my own decission so dont process that card Thank You
Expert:  Barrister replied 1 year ago.
Actually the Act was extended to Dec 31, 2014 under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) so you would still be protected under the Act
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But if you would like to process a refund, I will notify customer service for you.
.
.
Thanks
Barrister
Customer: replied 1 year ago.
Would you send that info. to my email that I provided.and I thought I had a free trial before being charged,if that's incorrect then yes I will contact customer service


Expert:  Barrister replied 1 year ago.
Unfortunately, I am prohibited from under my agreement with JA from having contact outside this forum with customers.
.
But you can read about the extension here: http://www.jsslaw.com/newsletter_details.aspx?id=124
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and here to verify the information: http://www.gpo.gov/fdsys/pkg/FR-2012-03-15/pdf/2012-6297.pdf
.
"Sections 702 and 703 of PTFA define
the scope of PTFA’s coverage over
residential properties. The Section 702
requirements provide tenants with at
least 90 days’ advance notice to vacate
and to preserve the term of any bona
fide lease apply to foreclosures on all
Federally related mortgage loans or on
any dwelling or residential real
property. Section 703 makes conforming
changes consistent with the Section 702
requirements to the Section 8 rental
voucher assistance provisions of the
United States Housing Act of 1937 (1937
Act). The protections provided by PTFA
sunset on December 31, 2014.
.
Section 1484 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (Pub. L. 111–203, approved July 21,
2010) amended PTFA, and extended the
PTFA protections to December 31, 2014.
Section 1484 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act also defined when ‘‘date of notice
of foreclosure’’ occurs. Section 1484
provides in relevant part as follows:
‘‘the date of a notice of foreclosure shall
be deemed to be the date on which
complete title to a property is
transferred to a successor entity or
person as a result of an order of a court
or pursuant to provisions in a mortgage,
deed of trust, or security deed.’’
.
.
As for any trial period, that I don't know about as I am only an independent contrator for JA and don't have anything to do with their billing processes.
.
But I can forward your question to customer service if you would like. Just let me know.
.
.
Thanks
Barrister
Expert:  N Cal Attorney replied 1 year ago.

New Expert here.

You wrote: "plaintiff's attorney sent a certified letter informing me that the house had been sold but he states that on the next court date which is the end of the month he will ask the judge for a writ".

What type of writ does this refer to?

 

Where is the rental located?

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