New Rules Regarding Notices of Foreclosure Sales

Trustees and authorized Real Estate Agents, California Civil Code § 2924.8 has been amended to require the addition of specific language regarding the foreclosure sale to the notice of sale required by Section 2924f. The following notice shall be included in the notice:

Foreclosure process has begun on this property, which may affect your right to continue to live in this property. Twenty days or more after the date of this notice, this property may be sold at foreclosure. If you are renting this property, the new property owner may either give you a new lease or rental agreement or provide you with a 90-day eviction notice. You may have a right to stay in your home for longer than 90 days. If you have a fixed-term lease, the new owner must honor the lease unless the new owner will occupy the property as a primary residence or in other limited circumstances. Also, in some cases and in some cities with a “just cause for eviction” law, you may not have to move at all. All rights and obligations under your lease or tenancy, including your obligation to pay rent, will continue after the foreclosure sale. You may wish to contact a lawyer or your local legal aid office or housing counseling agency to discuss any rights you may have.

Said notice must also be mailed via first class mail and addressed to the “Resident Of Property Subject To Foreclosure Sale”. For Trustees and Agents, compliance with the requisite notice is a must.

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