The article “Preventing Unlawful Detainer After an SB 1079 Foreclosure” by Geraci Law Firm explores the process of unlawful detainer in real estate transactions and how SB 1079 affects the process. The article begins by discussing what an unlawful detainer is and how it put a tenant onto a new entity in the form of a trust or separate corporation when the owner faces foreclosure. The article then moves on to explain how SB 1079 is an intentional move to protect a tenant from unlawful detainer. SB 1079 prevents lenders from beginning a foreclosure process until the tenant is provided at least 90 days of notice before an eviction is considered. The article sheds light on how lenders are required to seek alternatives to foreclosure or find ways to keep a tenant in the property before moving to an unlawful detainer.
The article then goes on to discuss how SB 1079 affects lenders and what renters need to do after an eviction has been filed. From the lender’s perspective, the article explains how lenders still have the ability to start the foreclosure proceedings, but the lender must look for alternatives that keeps the tenant in the home first. The article advises that if any renters are facing an unlawful detainer then they should seek legal advice without delay. The article also recommends that renters should stay put and continue to pay the rent while they seek legal advice, as a delay in either of those two areas can put the tenant in a negative light.
The article also covers the potential strategies that lenders can utilize to keep the tenant in the property after foreclosure. Options such as lease assignments and cash for keys agreements are explored as possible solutions that can help the tenant and lender in the process. This cause for exploration of viable solutions for lenders to explore keeps the tenant from eviction and gives them a chance to stay in the home.
The article concludes by illustrating that the SB 1079 is a powerful law that gives the tenant power in the situation and keeps them from being preemptively evicted from their home. The law prohibits lenders from attempting to evict anyone from their home who is up to date on their rent payments. With the piece of information in mind, tenants are safeguarded from harm and can be assured that the process of an unlawful detainer is not going to take place unless some condition has not been met by the tenant, such as a failure to pay rent. The article serves as a great resource for both tenants and lenders who are in the process of a real estate transaction and need to understand their roles in the situation.
You can read this full article at: https://geracilawfirm.com/preventing-unlawful-detainer-after-an-sb-1079-foreclosure/
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