Erin
Kennedy was 10 months into a one-year lease on a home in Richmond's
Marina Bay development when she found a notice on her door saying the
home was being foreclosed.
She said she called her landlord, who told her that he was trying to refinance the house and to keep paying him rent.
"I was paying the rent, but he was not paying the mortgage," Kennedy said.
Soon
after, the house went into foreclosure and Kennedy immediately heard
from a law firm representing Freddie Mac, the federal real estate
lending agency that held the note on the home.
"I had to decide whether I still wanted to be living there while they were showing it (to potential buyers)," she said.
Kennedy's
situation reflects a problem that tenants rights' groups say has been
flying under the radar since the home foreclosure crisis began in 2008.
They
say thousands of renters have lost security deposits, paid rent to
former landlords who no longer owned the house, and agreed to move on
short notice because they didn't know their rights.
Kennedy
accepted a cash settlement to move three weeks after the foreclosure in
November 2009. She received the check the day she moved out but
struggled to come up with the security deposit for a new rental in El
Cerrito.
The landlord still owed her a $3,200 security deposit and has been paying it back in $100 and $200 installments, she said.
"I jumped at the first place I could find," she said. "I'm hoping this place isn't shaky, too."
Kennedy's
former landlord said the home had been foreclosed but that he had paid
back the security deposit in full. He did not want to be named because
of privacy concerns.
According to the rights group Tenants
Together, 77,145 California rental units went through foreclosure in
2009, affecting 208,795 residents.
Some of the situations
probably have been resolved to everyone's satisfaction, said Gabe
Treves, program coordinator with Tenants Together, which is based in
San Francisco.
But Treves said his agency has helped 3,000
renters squeezed between landlords who are behind on their mortgage
payments and lenders trying to recover their investments.
"The
vast majority of the tenants we talk to are having their rights
violated," Treves said. "Banks are being very aggressive in trying to
get the tenants out, because they are stuck on the idea that if tenants
vacate the home that they can sell it."
Wells Fargo Bank is
committed to following all rules that protect tenants who are living in
foreclosures, spokesman Jason Menke said.
At the same time, Wells Fargo is in the business of lending money for home purchases, not in managing rentals, he said.
"Generally,
it's our object to get a new owner into the house as quickly as
possible," Menke said. "It's in our best interest and that of the
community to return properties to the market."
State Attorney
General Jerry Brown launched an investigation into the issue last
month, partly in response to the Tenants Together report.
Brown
sent a letter in June to California banks, lenders, investors and law
firms asking them to explain their procedures for dealing with tenants
in foreclosed properties in an effort to find out whether laws are
being broken.
Tenants are protected by a 2009 federal law that
allows them to stay in their units for 90 days after a foreclosure
notice is posted, but they have other rights as well:
Renters can insist on staying in their units until the end of their
leases, except when the new owner of a single-family home wants to move
in.
They can require banks and their agents to put all communication in writing.
They are not required to take cash incentives to move out before the law requires.
Harassment, such as changing locks without a court order, entering the
home without permission or shutting off utilities, is illegal.
In
addition, 16 cities in California, including Oakland, Richmond,
Berkeley and Hayward, have just-cause eviction ordinances that rule out
foreclosure as grounds for an eviction. Tenants have the right to
continue renting the home indefinitely absent any other grounds for
eviction unless the new owner wants to move in.
Wells Fargo sends
tenants a letter outlining their legal options if it forecloses on the
house where they live, Menke said. The bank often offers cash
incentives for tenants to move out before the three-month period has
passed.
The bank also honors lease agreements as long as the
tenant has a copy of the lease. However, if the bank sells the house,
tenants have 90 days from the sale to move, said Wells Fargo
spokeswoman Mary Berg.
"If the new owner wants to move in, then
the tenant is no longer protected unless the new buyer decides to keep
the renters there," Berg said.
Lynne Codde and her daughter
Shelby were renting an Antioch home that was sold at auction. The new
owner, a property management company, offered them $500 to move out
immediately, she said.
"We just kind of laughed at them and went online and found out what our rights were," Codde said.
She
said representatives of the company started showing up twice a week to
ask them about their plans to move. One day a woman showed up who
claimed that she had rented the house from the new owners.
"Three or four weeks in, they called and asked us how much it would take to get us out," she said.
The
property company eventually agreed to pay them $4,000, which they used
to put down a security deposit and first month's rent on a house in
Fremont, she said.
Candyce Fagerhaugh said she lived in a
Crockett storefront for 15 years until Bank of America foreclosed on
her landlord in November.
She said she and a fellow tenant tried to buy the home before learning how much repairs to it would cost.
The
bank allowed Fagerhaugh to stay rent-free while it tried to sell the
building. Now Bank of America has given her $2,500 to move out by Aug.
12.
She has bought a house in Vallejo and is moving to her new home.
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