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RobertJDFL, Lawyer
Category: Real Estate Law
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Experience:  Experienced in multiple areas of the law.
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Ive been a tenant, renting a 3 bedroom house for about 3 years. After

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I've been a tenant, renting a 3 bedroom house for about 3 years.
After talking with the landlord I get the hunch this house is in foreclosure.
I think the landlord already defaulted on her loan but still trying to collect Rent.
What are my rights as a Tenant?
How do I find out if the current house I'm renting is going through foreclosure when the landlord won't say?
Thank you for your question.

As a tenant, you are protected by a Federal law called the Protecting Tenants at Foreclosure Act. Under the Act, if the property is foreclosed and sold, the new property owner cannot evict a month–to–month tenant for 90 days or, when a lease is in effect, until the tenant’s lease ends except when the new property owner is going to use the rental property as his or her primary residence. In that case, the new owner only has to give the tenant 90 days notice.

If you suspect the landlord isn't being honest with you, call your county courthouse to find out if a Notice of Default has been filed. The Notice of Default is the first stage of foreclosure process. It gives the homeowner one last chance to cure the problem. In California, the borrower generally has 90 days to pay before the lender proceeds with the foreclosure.

You may also want to check with the county Recorder's office to see if you can be notified if and when your landlord's lender files a Notice of Default. Unless requested, tenants are typically not notified when a Notice of Default is filed
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