The
Bush administration's announcement Tuesday that it would put
the foreclosure process on hold for 30 days to rescue struggling
homeowners came several weeks too late for Mike Salgado. And
he's not even a homeowner.
Salgado, 40, is one of many renters who have found themselves
homeless after their cash-strapped landlords stopped making
mortgage payments and their houses or apartment buildings
were foreclosed upon.
The California Apartment Association, the state's largest
organization of rental property owners, estimated that as
much as a quarter of all foreclosed single-family residences
are occupied by renters. The number of renters ensnared in
the forclosure fiasco is even larger when duplexes and other
multi-unit buildings are factored in.
And the evictions show no sign of abating. Total foreclosures
of single-family homes statewide rose more than 400 percent
to a record 31,676 in the fourth quarter from a year earlier,
according to DataQuick Information Systems.
"It's definitely happening," said Phyllis Rockower,
president of the 850-member Real Estate Investors Club of
Los Angeles. "People e-mail me all the time with the
saddest stories.
"Her own child is facing eviction from her rented home
in Colorado.
Rockower's daughter, Eileen Bronchick, 39, said she received
notice last month that the landlord of her town house had
missed mortgage payments and that she might have to move if
the property is foreclosed upon.
For many such people, this can mean even steeper rents because
the wave of foreclosures has spurred greater demand for rental
housing -- a blessing to landlords who don't have banks breathing
down their necks.
State and local officials say many evictions could be avoided
if people knew the legal protections available to them. However,
few lenders and property managers make such information available
during the eviction process.
"The whole thing is terrifying," said Michaelyn
Jones, general counsel to the Santa Monica Rent Control Agency,
which oversees some of California's toughest rent-control
rules. "It's something a number of jurisdictions have
been discussing because it's a growing problem.
"Many foreclosed properties were purchased by real-estate
speculators taking advantage of dirt-cheap loans, who subsequently
rented them to tenants before falling behind on mortgage payments.
To help remedy the situation, the Bush administration and
six major lenders said they would "pause" foreclosures
for troubled homeowners. The plan, dubbed "Project Lifeline,"
is intended to give lenders time to work out more affordable
terms for borrowers.
Salgado, who works as service manager for a San Bernardino
boat dealer, returned to his rented Hesperia house Jan. 23
to find a notice from his property manager, Century 21 Fairway
Realty, informing him that the property had been foreclosed
upon.
The notice offered an "assistance check" in the
amount of $1,250 if Salgado would agree to get out of the
house by Feb. 5.
"It is to your benefit to accept this assistance check,"
it said. "Please keep in mind that the eviction process
has started.
"Offering financial inducements is a common practice
when renters are being pushed to vacate a foreclosed-upon
property. It's called "cash for keys" and can involve
payments of up to $1,500, ostensibly to help a tenant resettle
but also to get him or her to waive any claims to the rental
property.
Salgado was told by Century 21 that if he didn't agree to
the deal right away, his resettlement money would be slashed
to $750 within a week and then to $500 a week after that.
Then it would drop to nothing, and he'd still have to move
out.
"I felt very pressured," Salgado recalled.
State officials said that under California law, existing rental
agreements are essentially wiped out when a property is foreclosed
upon. All that's required is that a tenant be given at least
30 days' notice that he or she is being evicted.
But those officials also said state law can be trumped by
local rent-control statutes, which often provide tenants with
more far-reaching protections.
These "just cause" provisions of many municipal
rent-control laws limit the ability of landlords to evict
tenants, even those on month-to-month leases. They also include
cases when ownership of a property changes hands, such as
a foreclosure.
However, not all "just cause" provisions are created
equal. Some require that a tenant occupy a property for at
least two years before an eviction notice is served. Others
allow an eviction to proceed if the landlord plans to remove
the property from the rental market or have a relative move
in.
Moreover, not all rental properties may fall under a city's
rent-control protections. In such cases, state law would likely
apply, which would allow a foreclosure-related eviction to
go ahead.
"In that case, the tenant may be in a really lousy position,"
said Al Shelden, chief of consumer law in state Attorney General
Jerry Brown's office. "There may not be many rights to
begin with.
"Anyone receiving a notice from a bank or property manager
saying their rented home has been foreclosed upon should contact
City Hall and ask about what rent-control rules may exist
in your area and whether your property is protected.
Then ask the bank or property manager to specify the legal
grounds for the eviction. If nothing else, this could result
in a more generous payout to get you moving.
"And always get it in writing," advised Adam Radinsky
at the Santa Monica consumer protection unit.
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