What are the rights of tenants in a foreclosure?

In California, tenants have rights during a foreclosure process. Tenants have the right to a notice of the tenant’s rights at least 90 days before the foreclosure sale. This document must include the date of the foreclosure sale and the address of where tenants can get help or more information. The lender must also provide the tenant with a copy of the Notice of Default (NOD) and Notice of Trustee’s Sale (NTS). Tenants also have the right to stay in the property until the foreclosure sale is completed and the new owner takes possession. The tenant must also be given a 25 day notice to vacate the property after the foreclosure. After the foreclosure sale, the tenant can expect a notice to vacate from the new owner, or they may receive a new rental agreement. Tenants who have rent controlled units have additional rights during a foreclosure. They can remain in the property as long as it is their primary residence and they do not have any past due rent. Tenants have the right to receive a 90-day notice to vacate from the new owner, and the tenant is also entitled to relocation assistance in some cases. In California, tenants have the right to be informed of their rights before, during, and after a foreclosure. They should contact their local housing authority or tenant support organization for more information.

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