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By Lucy Nicholson and Mary Milliken
ANAHEIM, California (Reuters) - It's home to Disneyland -- "the happiest place on earth" -- but deputies enforcing home evictions in Anaheim find mold, backed-up plumbing, marijuana crops, abandoned grandparents and the occasional suicide.
Orange County Sheriff's Deputy Ramona Figueroa says nothing surprises her any more but the job is getting worse, and she hopes the downward slide doesn't last too much longer.
One common task these days is serving eviction notices to people who have done nothing wrong -- who rent properties that have fallen i
"They are shocked and surprised," Figueroa said as she went on her rounds. "And here I am giving them a five-day notice and they explain that just five days earlier the homeowner was at the home collecting rent."
Originally posted by ignorant_ape
reply to post by ashnomadonte
` what can the renter do ? ` depends on the lease agreement - i aint an expert - but i have leased 2 properties - and both leases had a ` notice to vacate ` clause - basically i had to give 1 months notice , but the land lord had to geve me 3 months / 5 months [ different contracts ] to vacate
so being told by a sherrifs deputy that you have to leave in 5 days - would if the landlord knew it was being reposessed put him in breach of contract - and you could sue for moveing costs and such .
Originally posted by getreadyalready
Every one is talking about recourse against the landlord, but what good does that do? So you sue a bankrupt landlord, you don't win anything but a piece of paper saying they owe you such and such! You still have to move!
The best recourse is to immediately contact the bank and ask them to continue renting. Most of the time (if you can get a live person) the bank will be thrilled to let you continue renting! They may want to list the home for sale, but at least you are padding their losses for a little while!
In some cases, the bank will still force you to move, or the bank will be in just as bad of shape as the landlord, and you will never get through their phone lines, and in that case, you have to talk to the sheriffs department. Let them know the situation, and see what their advice is. Legally, they have to serve all the notices, but if you are in Anaheim, and the Bank is in NY, the sheriff will probably be very understanding and lenient! They won't be forcing you out at gunpoint. They will be serving the notices, conversating awhile, and letting you know when they will be returning. It may only buy you a few extra days, but that is something at least!
If anyone is worried about this situation, they can check their property appraisers office and recorders office to see if any action has been started on the property. Foreclosures are taking in excess of 1 year right now, so there are plenty of notices online, in the papers, and in the mail to your landlord before you get the 5-day eviction notice!!
Title VII - Protecting Tenants at Foreclosure Act
Protecting Tenants at Foreclosure Act of 2009 -
Section 702 -
Declares that, in the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this Act, the immediate successor in interest in the property pursuant to the foreclosure shall assume such interest subject to: (1) provision by such successor of a notice to vacate to a bona fide (non-mortgagor) tenant at least 90 days before the effective date of such notice; and (2) specified rights of such tenant to occupy the property until the end of the remaining lease term.
Section 703 -
Amends the United States Housing Act of 1937 to declare that, in the case of an owner who is an immediate successor in interest pursuant to foreclosure during the initial term of a lease, the tenant's vacating of the property prior to sale shall not constitute other good cause for terminating the tenancy or occupancy rights of the victim of domestic or similar violence or stalking. Allows the owner to terminate such a tenancy, however, effective on the date of the unit's transfer to the owner if the owner: (1) will occupy the unit as a primary residence; and (2) has given the tenant a notice to vacate at least 90 days before the effective date of such notice. Declares also that, in the case of foreclosure on any federally-related mortgage loan or on any residential real property in which a recipient of public housing assistance resides, the immediate successor in interest assumes such interest subject to: (1) the lease between the prior owner and the tenant, and (2) the housing assistance payments contract between the prior owner and the public housing agency for the occupied unit.
Section 704 -
Terminates this title on December 31, 2012.