Monday, March 30, 2009
Saturday, March 28, 2009
Your rights depend on whether or not you are a month-to-month tenant or you have a lease. For month-to-month tenants, if the property is returned to the mortgage holder or purchased by a new owner, a new California statute effective July 8, 2008, requires that you receive a 60-day written notice to move.
You have no right to remain in the house after the sixty-day notice expires, and if you don't vacate, you may find yourself being served as a defendant in an eviction case, called an unlawful detainer.
Tenants with unlawful detainer judgments on their records find it very difficult to persuade future landlords to rent to them. Tenants with leases can continue to remain in the property until their lease expires, but only in the very limited situation where the lease was signed prior to the mortgage.
This right to remain is stronger if a memorandum of the lease was also recorded with the county, but that is a very rare occurrence. Otherwise, a tenant with a lease is only entitled to the same 60-day notice after the foreclosure is finalized.
Sometimes, new owners or mortgage holders may be willing to compensate a tenant for moving early, offering what is known as "key money" or "cash for keys."
They may also be willing to let a tenant stay for a period of time, but any such extension should be in writing. Beware of paying rent to someone who has already lost the property in foreclosure or someone pretending to be the new landlord.
Jim W Hildreth-Mediator
Thursday, March 26, 2009
Saturday, March 21, 2009
Monday, March 16, 2009
dispute in Sacramento, CA. The dispute involved a termination of tenancy.
Hildreth's specialty are disputes involving real estate. He serves the Central Valley, Mother Lode & Bay Area as a private mediator.
Sunday, March 15, 2009
Having mediated for the past 3 years, it can be a challenge when the parties revert to screams, threats, walking out, pointing a finger and shouting "You"
One of my first mediation experiences, was one of the parties walking into a private caucus and using the "F" word to each of the individuals including the attorneys and insurance Representatives.
Raw emotion, yes, but difficult when asking the other side to pay over $25,000 in medical bills.
I remember the words clearly from past fire department training, when delivering a baby
As a mediator, I have learned to "keep calm" allowing the venting and at the same time communicating that we need to work together in honest open communications and allowing a "safe harbor" for the individuals.
Generally within minutes a new tone is often displayed.
Emotions often go beyond the disputants and I have witnessed the Attorney's fall in the same destructive path.
A time out, a private meeting, different words and some time genuine laughter can make progress.
Time can also be a great healer and I have seen just a week break can make major progress.
Emotions do play a role in Mediation and "Keeping Calm" in rough waters often will lead to settlement.
Jim W Hildreth Mediator
Real Estate Mediation Services
Jim W Hildreth of Real Estate Mediation Services was the mediator and both parties resolved the dispute vs litigation.
The dispute settled in four hours.
Monday, March 9, 2009
As a mediator who's focus is disputes involving real estate, Hildreth looks forward to serve in a professional manner and is honored to be appointed by the court.
Friday, March 6, 2009
The California contract calls out for mediation, prior to arbitration and litigation.
The seller counseled with an attorney, mediation was suggested and the buyer agreed that mediation may be in the best interest of all the parties.
The California contract in the buy sell agreement calls out for mediation in a dispute.
The buyers attorney has suggested mediation as an alternative to litigation.
Hildreth's speciality is acting as a mediator "Neutral" with real property issues.
The outcome will be dependent upon the parties.