Finding out if your prospective landlord is about to go into foreclosure simply a good idea for any tenant who is contemplating renting. You don’t have to wait until the Sheriff shows up at your door with an eviction notice. You can be notified immediately when a Notice of Default is filed by your landlord’s lender, indicating that a foreclosure process has begun.
Here is how to find out if your landlord is in foreclosure.
- Call a local title company and ask for customer service.
- Give the customer service rep the property address and ask for a free copy of the first deed of trust to be emailed to you.
- Print the copy of the deed of trust, because you will need to know the document number, book, page, name of beneficiary (the lender) and name of trustor (the landlord).
- Go to http://www.foreclosureforum.com/forms/request_notice.pdf to access a free Copy of Notice of Default.
- On your computer, fill in the blanks with the information above from the deed of trust, and enter your name and address in the space provided.
- Print the Request for Copy of Notice of Default.
- Sign it in front of a notary.
- Attach a check for made payable your county’s Recorder. Check your counties website for more info.
The Request for Copy of Notice of Default will be recorded upon receipt. Then, if your landlord’s lender files a Notice of Default, you will receive a copy of it in the mail. Foreclosures in California take about 3 1/2 to 4 months to complete. This time period should give you ample opportunity to work out the problem with your landlord. You might also consider asking if your security deposit can be applied to rent because once the foreclosure is complete, your lease is no longer valid, and you might not get your security deposit back.
If you prefer to handle the entire procedure in person, you can go to your County Recorder’s office and pull a copy of the deed of trust. Take the Request for Copy of Notice of Default with you and fill it out at the Recorder’s office. Get it notarized, pay your money, it shouldn’t be much, and you’ll go on record that afternoon or the following day.
Tenants in foreclosure should know that California law gives tenants the right to receive a 60-day notice.
Kathy Dyer Realtor CABRE #01723710
KW Coastal Estates
Carmel Ca. 93923