After The Foreclosure Sale
Q 9. If the borrower is an occupant of the property, and the lender forecloses judicially (not trustee’s sale), can the lender evict the borrower?
A If the borrower occupies one of the units in the rental property and the lender has foreclosed judicially, then the borrower is entitled to possession throughout the statutory redemption period (either three months or one year depending on the amount received at the judicial foreclosure) (Cal. Civ. Proc. Code § 729.030). The foreclosing lender can charge the borrower rent for this occupancy equal to the value of use and occupation (Cal. Civ. Proc. Code § 729.090(a)).
However, if the occupant/borrower fails to pay rent, the lender probably lacks the ability to evict during the redemption period. After the redemption period, the lender should be able to pursue an action for collection of unpaid rents. (Cal. Civ. Proc. Code § 729.090(a).)
Q 10. If the borrower is the occupant of the property, and the lender forecloses through a trustee’s sale, can the lender evict the borrower?
A Yes. If the lender has foreclosed by way of a trustee’s sale, the borrower can be evicted immediately following a three-day Notice to Quit. (Cal. Civ. Proc. Code § 1161a(b).) Continue reading Q&A Regarding Tenant’s Rights before and after Foreclosure Action!
Summerfield Waldorf School and Farm
King Winter and Summerfield Waldorf School warmly invite families to attend the Winter Faire on Friday and Saturday December 3rd and 4th. This magical event is sure to delight family members of all ages! Join in the annual festivities, and experience an old world style holiday. On Friday, December 3rd, join in an adult only holiday evening to complete your holiday shopping. Return on Saturday, December 4th, with the whole family for an enchanting festival. 655 Willowside Rd.Santa Rosa, CA 94960
Ways to Save on your Taxes
Replacement Residence Exclusion (Propositions 60, 90 and 110)
Propositions 60, 90 and 110 are voter-approved amendments (Revenue and Taxation Code, Paragraph 69.5) which allow qualifying Sonoma County homeowners to transfer the taxable value of a previous residence to a new residence. For many people, this can result in substantial tax savings. The general eligibility requirements are as follows:
- You (or your spouse who resides with you) must either be at least 55 years of age (Prop 60) or severely and permanently disabled (Prop 110) as of the date you sell the home you are replacing.
- The sale of your original residence must occur within two years of the purchase or construction of your replacement residence (either before or after). Your original residence must be your principle dwelling within two years of purchasing or constructing your new home. You must occupy your new home as your principal place of residence at the time you file your claim.
- Both of your properties must be located in Sonoma County unless the county where the replacement residence is located has an ordinance that allows intercounty transfers of base year value (Prop 90). Visit the California Board of Equalization’s web site for a current list of participating counties. Continue reading Sonoma County Tax Payers-Ways to save on your Property Taxes! Prop. 60 & 90! Big Savings!
THIS EVENT IS SOLD OUT!!! However, you can contribute to firefighter Hakala’s recovery by going to any Exchange Bank and asking a teller to transfer a donation to the fund set up in his name. Organized by Bodega Volunteer Fire, Sonoma County Fire and Emergency Services….and our friends at CalFire. This event is selling out fast. They are expecting a full house of 650 people at the Santa Rosa Vets Building. Proving, once again, what a great place we live, where people from all walks of life come together for a common cause.
Ben Hakala is the firefighter who was severely injured in the Bodega fire on September 25th when he accidentally came in contact with a downed power line.
Hakala is a volunteer for Bodega as well as a seasonal firefighter for CalFire,
Listen in on Sunday for more information from CalFire….Thanks!
We are very pleased and proud to have Jeremy Olsan “in-studio” this Sunday. It’s been a while since he appeared on the show and many issues have surfaced since his last appearance–Foreclosures, Short-Sales, Debt Foregiveness, Recourse Loans, on and on! We’ll be discussing the recent article in the Press Democrat on faulty foreclosures and the blizzard of lawsuits which will seek relief for those who’s home’s have been repossessed. Should make for a very interesting, highly paced hour!
JEREMY L. OLSAN
PERRY, JOHNSON, ANDERSON, MILLER & MOSKOWITZ LLP
438 First Street, 4th Floor
Santa Rosa, CA 95401
Tel: (707) 525-8800 Fax: (707) 545-8242
Email: email@example.com Website: www.perrylaw.net
September 28, 2010!! See below! NOTICE OF PUBLIC HEARING The Sonoma County Permit and Resource Management Department has prepared draft changes to the Zoning Code to add regulations for Vacation Rentals located in the unincorporated County (ORD09-0001). Area affected: County-wide, except Coastal Zone; APNs affected: Various; Zoning Districts affected: LEA, DA, RRD, AR, RR, and R1; Supervisorial Districts: All.
It is the determination of the department that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the Provisions of Title 14 of the California Administrative Code under the General Exemption, Section 15061 (a) (3).
The Sonoma County Board of Supervisors will conduct a public hearing to consider an action on the project at 2:30 p.m. on September 28, 2010, in the hearing room at 575 Administration Drive, Room 102A, Santa Rosa.
If you challenge the decisions on the project in court, you may be limited to raising only those issues previously raised before the Board of Supervisors at the hearing or in written form delivered to the Board of Supervisors prior to or at the hearing.
Prior to the hearing, the proposed ordinance may be reviewed at, or written comments submitted to, the Permit and Resource Management Department, at 2550 Ventura Avenue, Santa Rosa, CA 95403. Contact Jane Riley at 707-565-7388, or via email to firstname.lastname@example.org.