Belt Auction

we live in my parents home, they live in their own home. The home we lived in sold at auction today and the?

we live in my parents home, they live in their own home, however their house that we live in sold at auction today and the new owner came to let us know we have 30 days to get out. Most of what I read on the internet is we have at least 90 days plus he must give us a written notice. Can a lawyer please answer this or someone who does know. We live in Temecula, ca.

Public Comments

1. The 90 day rule ONLY applies to TENANTS. Homeowners themselves had the ENTIRE time beginning when they started to stiff their lender to make plans and get out. In 30 days, expect a visit from the Sheriffs department to throw your stuff out if necessary.
2. The home was sold after foreclosure, correct? You are renting with a lease, correct? If so you are correct. Under a law enacted last May, you have 90 days. See the link.
3. Nope. The 90 day is only for the banks when it is foreclosed on. If a private person purchased it then they only have to give you 30 days notice. This notice does need to be in writing.
4. California law requires the new owner to give your parents a 30 Day Notice To Terminate Tenancy since they are not renters, but borrower who were foreclosed on. If they are not out after that time they can removed them by the eviction process which takes about 4-5 weeks. Having an eviction on your parents credit is bad, but adding on to than a court ordered eviction will make it very difficult for them to find another place to move into. Very few landlords will ever rent to someone who has be evicted from a property. I would suggest that they move within the next 30 days.......if they don't it will make things much harder for them in the long run.
5. When there is a new owner, not a bank, you have 30 days to leave. You can not present a lease as you are related to the previous owner, who obviously is dishonest, otherwise there would not have been an auction in the first place.
6. A new law passed by Congress and signed yesterday by President Obama provides protections for tenants whose landlords fall into foreclosure. Under the Helping Families Save Their Homes Act, tenants have the right to stay in their homes after foreclosure for 90 days or through the term of their lease. The bill also provides similar protections to housing voucher holders. The protections go into effect immediately and expire at the end of 2012. At least one third of the units going through foreclosure in California are rentals. Under current law, most California tenants are entitled to 60-days notice of eviction after foreclosure. The new federal law increases this to 90 days. In addition, California law provides that leases are extinguished by foreclosure, with limited exceptions. Many tenants enter into one year leases, only to find a few weeks or months later that the property is heading for foreclosure and that their leases will be extinguished. The new federal law provides that the lease survives the foreclosure, except that the lease can be prematurely terminated and the tenant given 90-day notice where a purchaser seeks to occupy the premises. Some California cities have local laws prohibiting foreclosure evictions. The new federal protections do not preempt these laws which remain in full force. "Congress and President Obama have shown real leadership here. Tenants are innocent victims of the foreclosure crisis, and it is about time they get some relief," noted Dean Preston, Executive Director of Tenants Together. "This bill will provide tenants 90-days notice of eviction, require banks to honor leases, and protect section 8 tenants after foreclosure. We look forward to the day when banks stop evicting innocent tenants after foreclosure, but until that day comes, this federal legislation will provide much-needed time for tenants across the country to find new housing and relocate. Senator John Kerry (D-MA), Representatives Keith Ellison (D-MN), Carolyn McCarthy (D-NY), Michael Capuano (D-MA), and Barney Frank (D-MA), deserve special praise for their efforts on this bill, as does the National Low Income Housing Coalition, a nonprofit organization that has been advocating for these tenant protections for over a year."