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December 15, 2008

FAQ: I am a renter and my landlord has been foreclosed on.

Q: I am a renter and I think my landlord has been foreclosed on. Help!

A:How can I find out if my landlord still owns the condo or it is foreclosed on? Go down to your county recorder. Give them the property address. They will look up all documents filed on the property in the last 90 to 120 days. You will see if the property has been sold.

If the bank really owns the condo, is the security deposit transferred to the bank? No. You need to get this from the landlord. You may have to sue in small claims court for it.

If the landlord does not own the condo, can I demand to get my security deposit and the December's rent while I still occupy the condo? Yes. Again, you may have to sue to get it back.

You should also consider the cash for keys deal. This may provide you with some access to money sooner rather than later.

What can I do to protect myself? Consider recording your lease when you sign a lease. This provides you the maximum protection under California law.

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