I am a renter and I just received a notice of trustees sale on my door?

For the past couple of months I have been receiving foreclosure notices on the door and when I spoke with the owner about this she just tells me that she has taken care of this and to just keep paying my rent of $1300. So when I received this notice of trustees sale I called her right away. She told me not to worry about it and she has paid what she needed to pay already so it is fine. She told me to just pay her the $1300 tomorrow. Now the notice says that the house is going to be auctioned off on 6/18/08. When I do a search at the sacramento recorders office under her name the latest thing is a substitution tr, I do not know what that is. Can anyone help me. I am a mother of 4 kids and if this house is going to be sold I need to find a new one and quick. I will appreciate any helpful answers. Thank you

In California it is illegal to collect rent and not pay the mortgage. If you have rent receipts and the house gets sold at a foreclosure auction, she can get arrested.

When you talk to her next, remind her of this and ask for some proof that she has remediated the situation. If no proof is forthcoming, then don't pay. She will have to take you to court to get you to pay and you can bring in this notice of trustee auction as your defense. You will win.

good luck!

Don't pay it...you are paying her so she can pay the morgtage...some how she is not paying it & pocketing the money or using your money to pay for her own house so she can still have a roof over her head. Why should you be left out on the streets with 4 kids because of her wrong doing?
I went through the same problem.

Yet, I was smart the last month rent I didn't pay her I kept the money. And if she took me to court my defense was going to be that the rent money was going to cover the moving expenses. You didn't choose to move.....so why should you pay her rent when the house is going to be sold 1/2 way through the month plus now you have to cover moving? You can actually sue her for disrupting your right to live in peace..now your being forced to move.

A "substitution tr"???

Can you pull up the notice & provide it in a link?

Your landlord is still entitled to collect rent while they are the legal owner of the property. Was your rent not due on the 1st? If so & she is asking for it, you need to pay it, unfortunately.

It sounds like she has stalled the foreclosure process once. She may cure the entire default & pull it out. You will need to watch public records for June 18th & see what transpires.

If she is still indeed going to foreclosure, the foreclosing lien holder will provide you with a 30 day notice to vacate. It will not be immediate. If you agree to vacate per the notice & leave the home in good clean condition, they may & often do offer tenants "Cash for Keys", which could be an amount equal to your monthly rent payment. (Might be more, might be less) If offered, get it in writing before vacating.

If the landlord failed to return your security deposit, the bank will have to refund it regardless if they obtained it from your landlord. http://lansner.freedomblogging.com/2008/...

If you don't agree to accept their offer, there are methods you can take to stall the eviction process, but it may affect your rental history on future applications.

Legal Aid For Tenants in California:
http://www.landlordtenantinfo.org/resour...
http://www.caltenantlaw.com/tenantlawyer...