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Lease/Rental agreements are generally wiped out by a foreclosure..

Posted by Ward-CA- on June 15, 2003 at 3:13 PM

In Reply to: tenants lease posted by Art on June 15, 2003 at 11:28 AM

: Hi Ward:
: I just was high bidder on a trustee property where the defaulting trustor entered into a lease to a tenant just four months before the trustee sale date. Is the lease to the tenant valid since the trustor knew that they wouldn't own the property when the lease was entered into. Is the lease valid?
: Tenant would like to purchase the property but their opinion of value is diferent than mine. Thanks for your reply.
: Art

==============================

Art,

Non-recorded lease or rental agreements do not survive foreclosure auctions. And most such agreements are not recorded. So I do not think your holdover tenant has any lease rights at all, other than those provided as a model by state law.

Hope this helps.


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