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  1. #1
    Join Date
    Jun 2011
    Location
    California
    Posts
    4

    Default Foreclosure on Our Rental Home That Contained Personal Property

    My question involves a foreclosure in the State of: California

    Recently, we lost our rental property to forclosure. We had attempted to short sale the property but were unable to so the bank understandably foreclosed on us. Throughout this time, we continued to have tenants occupy the property. My husband was aware that the home was up for auction however we were unable to find out if it sold. The following business day after the auction my husband called the bank to see if it sold and the bank was unsure. Apparently it had sold to an investment group. They apparently posted a notice on the property stating it had been sold at auction and we had 3 days to remove our personal property, however we don't reside there. The tenants never notified us and we are wondering what our rights are? We had just purchased a brand new refrigerator for them 2 months prior and we also had our washer and dryer there that were less than 1 year old. We called the investment group to ask for our property and of course they said "no". We were under contract with our tenants to provide them the W/D as well as the refrigerator so we couldn't just go in and take it. We feel that my husband and I should have been personally notified by the bank, the new owners, or the tenants since we didn't reside at that property. What are the laws regarding that? We are considering a small claims suit but are unsure whether we have a case.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,084

    Default Re: Foreclosure on Our Rental Home That Contained Personal Property

    Your rights are that you may remove your property before you lose the property to foreclosure.

    Your tenants have no duty to you to inform you of how the foreclosure is proceeding. You have a duty to them not to allow a foreclosure to occur during their tenancy.

    If your lender complied with the notice requirements set forth by statute, then they provided you with the required notice.

    The new owner owes you no duty at all.

  3. #3
    Join Date
    Jun 2011
    Location
    California
    Posts
    4

    Default Re: Foreclosure on Our Rental Home That Contained Personal Property

    Our tenants rented our home knowing that we were trying to sell it and that we may foreclose.

    IF we don't reside at the property, how are we suppose to know about the 3 day notice? The bank didn't tell us. The new owners didn't tell us. The tenants didn't tell us. I don't understand how that is fair and constitutes proper notice. We don't need to be notified personally? How would people in this situation typically find out about the notice?

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