Renters Have New Rights in Foreclosure
91"What you don't know may be hazardous to your financial health"
May 20, 2009 is a date to remember for millions of American home renters faced with eviction through no fault of their own. PROTECTING TENANTS at FORECLOSURE ACT of 2009 (S. 896) was signed into law by President Obama, effective immediately and not expiring until December 31, 2012.
http://www.consumer-action.org/alerts/articles/new_renters_rights_in_foreclosure/
It brought a sigh of relief to this renter - and not a moment too soon. Three years ago I signed a four year lease and moved 26,000 pounds of furnishings into a lovely two story home. It is where I live and where I work. I have never missed, nor been late, on a single rental payment.
BUT, unbeknownst to me, my dear landlords stopped paying the mortgage on the home I rent from them some time ago. (Ten months ago to my best calculation.) They were using my monthly rental payments for their own personal expenses.
Most of you by now have heard of at least one person/family in the same situation. Notices are filed. Security deposits are lost. A costly and inconvenient move looms dark on the horizon. Marriages fall apart. Jobs are lost. Bankruptcies are filed. Kids are scared. Pets are abandoned. Medical expenses soar.
These are good people, not deadbeats. They work hard and pay their bills.
More notices hammered into the front door. In six different languages. Legal notices appear in the newspaper. Neighbors panic. Neighborhood values plummet. The landlord, too embarrassed to tell the truth, often blames the renter. The renter is then blamed and shunned. Kids get depressed. The goldfish gets depressed. The lawn dies. Everyone gets depressed.
The long road to finding answers/solutions begins. Hours on the phone lost in a maze of telephone trees. No real person to be found at any of two dozen different phone numbers. Press 1. Press 1 again. Press 2. Press 2 again. Back to 1.
On the Internet for hours searching for any hint of answers to a long list of questions:
1. What are my rights as a renter?
2. Do I even have any rights as a renter once the house I occupy has been foreclosed upon?
3. What happens to my security deposit?
4. How much notice will I get before I have to vacate the home I rent?
5. Will the Sheriff put my belongings out on the curb?
6. Will being served an Unlawful Detainer (Eviction Notice) hurt my credit rating?
7. Who will actually own the home I rent after the foreclosure?
8. Do I have to pay rent to anyone during this transition?
9. I can't afford to take off from work at this time; how can I move?
10. Does the California Moratorium on foreclosures include rentals?
In short, PROTECTING TENANTS at FORECLOSURE ACT of 2009 (S. 896) provides more protection to renters than any lender wants you to know. www.consumer-action.org
If you have no current lease, or are on month-to-month tenancy, you are entitled by law to receive 90-days written notice after the home your rent is foreclosed upon. Sometimes it takes 7-10 days after the foreclosure to receive a 90-day notice, sometimes it can take 30-180 days to receive a 90-day notice. YOU ARE STILL OBLIGATED FOR THE RENT during this time.
If you have a current lease, you are entitled by law to remain in your home until the lease expires. YOU ARE STILL OBLIGATED FOR THE RENT during this time.
In both cases, it may take some time for you to be informed as to where/whom you pay your rental amount. DO NOT pay the rent to the first person who comes knocking at your door. Once you are notified, check with your County Recorder to verify.
My landlords are not bad people. They are good people who made some bad decisions about the same time the financial markets fell apart. They owe $1,150,000 on a home worth about $600,000. There is no way for them to bridge that gap.
They should however, have told me of their intentions to give my home back to the bank.
More to follow.
Thank You for the Wonderful HubPages Community Love and Support!!
Earth Angel is back and flying fearlessly!! (More like kicking!!) To those of you who have emailed and asked of my whereabouts - the above answers it all!! The home I rent is being foreclosed upon this next Wednesday, July 15th!! It will be auctioned off on the Courthouse steps!! I have not had an extra moment for months!! It took me so long to track down the laws governing renters in foreclosure homes!! A new law, just passed May 20, allows me to breathe a sigh of relief!! (For the moment, anyway!!) I am soooooooooooooo happy to be back with all of you in the Awesome HubPages Community!!
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Earth Angel, it's a wonderful thing Obama has done for renters. There was absolutely no reason for them to be penalized because the owners didn't do what they should have. Rated up and useful.
Well at least your background in real estate and knowledge of the law can help other renters :). Knowledge is power.
This is a good topic, but another reason I feel comfortable renting an apartment at a larger complex that has a good track record. The company that owns our apartment complex also owns a few town homes communities through out Southern California, so there are options for people that want a lager home, but more security of renting from a stable landlord. Also, I never liked the idea of renting from one landlord with just one or two houses because I have seen how they act about doing repairs at times. My sister moved into a house that had a lot of water damage unbeknown to her, and the landlords were trying to pretend this was not the case. She finally moved out of that place.
MY GREAT GOODNESS, MERCY!!! You are obviously determined to make this your home (I don't think I could have dealt with it.) I do hope with all of my might that all will soon be well with you and your fur babies. You should be granted ownership after all you put into it. I am almost at a loss for words here. You are definitely in a season of 'challenge.' Hope all is conquered soon. Peace.
The title of your hub caught my attention as I was scrolling through hubpages.
Glad you are getting settled into your new place. When a home I rented for 7 years was being foreclosed on I found out early on and called legal-aid and they told me what to expect. So I decided since I would have to move anyways, rather than to continue to pay rent to a landlord who no longer cared (yes, you do have to continue to pay rent for a home in foreclosure), I decided to move as quickly as I can. So, even in foreclosure he got his rent, I quickly found me and my children a new place to rent, and we're outta there. Been here for 3 years now. Hope things keep getting better and better for you. Voted/rated.
It's good to know that a renter will have some extra time to find a new place in the event they are faced with foreclosure, even after the home is foreclosed on, that's the good part. Thanks for this info.
Great comments and hub. I too was a real estate broker in Arizona and California. You gave sound advice! Best wishes!
This was eye opening. I had never considered all of the issues a renter might face if a landlord went in to foreclosure. Educational!
I am really glad to hear about the rights of renters because things are really getting bad and so many people will be displaced.
Hi earth angel,
Im renting a condo unit and just received notice that the owner defaulted and now the condo will be listed for a short sale as soon as possible. the management company that handles the rent (for me to pay/for owner to collect) i'm renting from has given me the option to stay in the unit while the bank shows it potential buyers for "less rent". Is this legal? i'm not looking for a new place to move into because I do not want people having access to my home wthout me being there...am i entitled to anything as a renter? moving costs? security deposit? i am so stressed out i do not know anything about this subject. please help. thank you.
Great hub, Earth Angel! The same thing happened to me about ten years ago. I had great landlords as well! As a matter of fact they contacted me to let and said they were letting the condo foreclose. To make a long story short, I was able to save my rent money for a down payment and bought the condo myself for about half its original price.:)
very nice hub thnaks
Thank you Earth Angel, for such an exhaustive reply. "Owning vs Renting" is indeed a difficult choice, and so many factors go into it, not the least of them being luck. It was just a thought that had come to my mind and hence the query. You have worked in this field and are knowledgeable and wise on these matters. I wish you good luck and perfect timing in whatever decisions and actions you take.
About knowing anyone in a similar situation. Not quite. But, I am reminded of two good friends, both my course mates and veterans from the Indian Army, who emigrated to the US. They were in leased apartments in LA and had been contemplating buying their own homes. It was not because of foreclosures, but because of falling prices and the need for better accommodation. They were able to find what they and their families liked, and at affordable prices, so they sort of 'took the leap.'
From all the information that they shared, they both seem to have moved to better accommodation and locations - one has relocated to San Francisco - that suit their lifestyles and also seem to make financial sense. How it all turns out in the future will probably depend on the price movements in the long term, and that only time will tell...
Wonderful hub Earth Angel - explains the travails of a lease holder of a property being foreclosed so graphically. I am happy for you that this new law has been passed.
I don't want to be too nosey or offer unwanted suggestions, but I do wonder what is the sort of rent you are paying viz-a-viz the present value of the property and the monthly mortgage payment for a new owner. Do you think some lease holders might find it to their advantage - especially with the tax breaks and the incentive having been thrown in - to bid for the house they occupy?
Is that allowed under the new law?
thanks for share. Great topic.
Thanks for taking the time to share that info, and make such an honest assessment.
Here in Australia the government is keeping the real estate market from finding its true level by pumping money into subsidies for first home buyers.
Around 30% of property sales are made to younger people who just don't understand that the days of ever increasing property prices are over.
They are committing themselves to huge loans that they can barely meet now with two incomes, without realising the effect that future plans for children, upcoming job cuts and interest rate rises will have on them.
Or perhaps I'm being too negative. We'll see.
cheers, Eric G.
That's great info for people in a similar situaiton.
Wonderful work, Earth Angel.
I've drawn similar conclusions about the future of housing prices.
I don't think we've seen the lowest prices yet - not by a long shot.
It's good of you, Earth Angel, to help get the word out to those who remain uninformed. I, too, believe that people are innately good. However, I am also aware that many people cast a blind eye toward those in need while rationalizing their own selfish views. For that reason, we must remain vigilant.
I'm delighted to see you back here at HubPages, Earth Angel, and I'm glad your rental fiasco has eased. You've been missed. Your experience would have been much different if Obama had not been elected. Thank you, America.




















Earth Angel Hub Author 11 months ago
Thank you KoffeeKlatch Gals!
I agree! Whom ever is President gets negative press no matter what they do! I support Obama!
Yes, this law helped thousands of renters! It would have helped thousands more but it remained, and still remains a bit unknown!
Thank you so much for the comments and the votes!
Blessings to you and yours always, Earth Angel!