Profile picture for deesweetist

how can i know if my home is going under foreclosure?

Im renting a house in S.Sac. I belive that my home may be going under foreclosure how can I find out?
  • June 05 2010 - Sacramento
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Answers (15)

There are two options available at this moment. (1).  You can check with your local county clerk to see if a foreclosure proceeding has been filed.
(2).  You can sign up with a foreclosure alert service that will alert you to the foreclosure status and if it is not in foreclosure they will continue to monitor the property and alert you if the property goes into foreclosure. You can receive the alert service from the site:
http://www.worldclassmemberservices.com/
You can also check with the local county to see if the records are available online. I must also inform you that banks and landlords are required by law to notify you within 10 days of filing the foreclosure notice. If you were not notified of the foreclosure proceeding you can take the landlord and bank to court.
  • September 02 2010
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Profile picture for Mills Realty
Are you on a month to month lease or a long term lease?  You need to continue to pay rent either way, but if the property is sold at a trustee sale and you are on a long term lease the person or entitiy buying it will need to honor the lease.  If you are on a short term lease then you will have at least 90-days to find another property.  If you stop paying rent you will lose your rights.

My comments are an opinion and for legal advice you need to contact an attorney.
  • August 30 2010
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It's really a questions for a lawyer, particularly since many jurisdictions have created widely varying laws on the subject. PA has some very interesting ones!

The issue is that the contracts are not related. It would sort of be like your landlord showing the property without notice since s/he heard the company you work for is doing layoffs. Unless you actually stop paying him, it wouldn't be right under the contract. Unless the house you reside in actually stops being in his name, with the right to lease it out, then the contract would not usually be considered breached. This is a personal opinion, and not a legal opinion. You need a lawyer to give you actualy legal advice on the laws of your jurisdiction.

You can check with your county to verify whether or not anything has been filed related to foreclosure...it is often the case that foreclosure actions span longer than most leases anyhow.
  • August 30 2010
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Profile picture for Jamesmmoore
So we're suppose to pay him rent to pay his house note while we have to come up with the money to move?
  • August 30 2010
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Just call your county. If anything has been filed against they house they will be able to tell you. You don't need an agent for that. They may even have records online, but sometimes there is a lag between filing and online availability.

Like others have said your landlord's contractual obligations with others are irrelevant to your contract. If you find out the home is in foreclosure, you may want to check with an attorney or legal aid line to determine your rights and responsibilities.
  • August 29 2010
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deesweetist, as far as I know, there is no "free" online service to check status of properties in any stage of foreclosure...but I have access to that information through a paid membership, so I can check status of any property, just like the others who have posted before me.

Regarding payment of rent for a home in the foreclosure process, you should continue to pay rent to the current landlord as long as you still occupy the property or you may risk eviction. Once ownership changes (the home is sold either to a 3rd party or taken back by the bank) then you are obligated to pay rent to the new owner.

Regarding notice to move, you will receive a "Notice of Trustee Sale" taped to your front door at least 21 days before the home is scheduled to go to auction. When it sells or goes back to the bank, the new owner or bank is required to give you 90 days notice before they can begin the eviction process, so you will have at least 3 months + 3 weeks notice to move out...and maybe more if the auction gets postponed (which happens more often than not).

Hope this helps! :)
Leilani
  • August 29 2010
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Our real estate team is based in Sacramento.  Contact us and we will be happy to check for you.
  • August 28 2010
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Profile picture for remaxagent33
Sad that your landlord isn't telling you. If you are concerned, I would move out to be honest. It shouldn't be your job to try and figure out if the landlord has financial problems with the house you are renting. You still have to pay rent regardless. You signed a contract with the landlord and you are still obligated no matter what HIS relationship is with HIS lender.
  • August 27 2010
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You can send me an email with property address and I can check it for you: acackovic {at} americangreenrealty.com

Amir Cackovic, Broker, LEED

[link removed by moderator] = Realtors for a sustainable future

  • August 26 2010
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you are the renter?  Are you in a position to purchase?  You may be able to purchase the home you're in if you're qualified
  • July 09 2010
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If you missed payments on your mortgage for three months, your lender has the right to file for Notice of Default and you will receive a copy via certified mail. Three months after Notice of Default, they could file for Notice of Sale. On that document, there is a Trustee Sale Number (TS #) and phone number usually a toll free number to call on information on the sale of the property. Call the toll free number and you will get a recorded information on your property.

Another way is to contact your lender directly and ask them if your house is going on foreclosed sale.
  • June 11 2010
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Profile picture for wetdawgs
If a house is foreclosing, you are still legally obliged to pay rent.   Not paying rent is not your decision.

  • June 05 2010
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Profile picture for deesweetist

I do not have any info at this time. Just would like to know if I should continue paying rent when their may be a chance the house is forclosing. Is their any way to check online>

  • June 05 2010
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  Usually the a foreclosure once it is started will be in the land records where the property is located. Checking your town records will also be a good place to look.
  • June 05 2010
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Call your bank; if you have been in default for 6 months, by law, the bank can foreclose.  Today, however, many banks will not foreclose for almost a year. removed by moderator
  • June 05 2010
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