Summary of CA SB 0483

http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0451-0500/sb_483_bill_20090910_amended_asm_v94.pdf

Synopsis: Provides for the posting of an additional notice to tenants along with a notice of sale, and also provides a 60-day notice for tenant eviction (now superseded by federal law).

· Along with a notice of sale, a trustee/agent must post the following notice on the property to be sold (and mailed to the address to the resident/s): “You are not required to move at this time. However, the foreclosure process has begun on this property, which may affect your right to continue to live in this property in the future. Twenty days or more after the date of this notice, this property may be sold at foreclosure. If you are renting this property, your tenancy may continue after the foreclosure sale. In order for the new owner to evict you, the new owner must provide you with a at least 60 days’ written eviction notice. However, some laws may prohibit an eviction. You should contact a lawyer or your local legal aid or housing counseling agency to discuss any rights you may have.”

o Tearing down the notice within 72-hrs of posting is an infraction and subject to a $100 fine

o Translations of the posting will be made available by the state

o This requirements remains in effect until January 1, 2013.

· A tenant or subtenant in possession of a rental housing unit at the time of a foreclosure sale will be given 60-days written notice to quit or 90-days notice if required by another law

o But this does not apply if any party to the note remains in the property as a tenant, subtenant, or occupant.

o Remains in effect until January 1, 2013

Note: 90-day notice is required by federal law.

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