Lynnette Phillips Real Estate Consultant

I am getting so many questions from people who assume that these bills were signed that I am franticto spread the word.

Among the bills awaiting Governor Swarchzenegger's signature were AB 1333 to Protect Tenants in Foreclosed Properties from Utility Shut-offs and AB 2586 to Protect Tenants' Ability to Recover Their Security Deposits after Foreclosure

These bills would have gone a long way to help renters victimized by foreclosure. Unfortunately they met the VETO process in late September and were not signed into law. Tenants caught up in the foreclosure crisis and desperately hoping for help are receiving incorrect information...they are being told that they may now depend on their security deposit being refunded.

Unfortunately the only avenue still open to them is Small Claims Court. It may be possible to recoup...

• Moving companies and rental trucks
• Expenses incurred to find a new home
• Loss of security deposit
• Difference between present rent and new rent
• Cost of new security deposit

The Governor did sign SB 1137 extending the notice period for tenants in foreclosure from 30 to 60 days.

If you know or speak to anyone in this situation please share this information!

Our need to constantly be in touch has now created another health concern. The Brisitsh Association of Dermatologists is warning of a skin rash caused by cell phone use and wouldn't you know it supposedly is more prevalent in women.

It seems the nickel contained in some jewelry & belt buckles is also found in some cell phones and causes a rash to the ear, cheek and fingers of frequent users.

Not only could this be a concern to those who now a use cell phone as their only means of communicztion but also for business users since cell phones have become just another tool for us all!

You don't have to comb public records to find out if your landlord is making mortgage payments. Laws vary by state but many allow a tenant to receive a copy of the Notice of Default. In California the steps are simple (and a lot of states follow California's lead).

• Get a copy of the form & fill it out on your computer
• Call a title company for a copy of the Deed of Trust - you'll need the information contained in this document to fill out the Request of Copy of Notice of Default
• Have the completed form notarized
• Record the Request of Copy of Notice of Default within the county where the property is located

A bill signed in July of this year (SB 1137) now gives California tenants 60 days notice before the eviction process but in other states it may be much less.

Renters may have the right to sue the landlord in Small Claims Court to recoup the loss of the security deposit & other expenses.

**In some states, such as Calfornia, a foreclosure wipes out the rental agreement**

Find Renters & foreclosure Information for CA at CAForeclosureInfo

or to locate an attorney for other states go to FindLaw

ForeclosureInfoCA.org is brought to you by the State Bar of California & the Public Interest Clearinghouse.

The site addresses concerns for both homeowners and renters facing foreclosure. It provides links to helpful government sites and also for free or low-cost legal assistance - there's even a senior's legal hotline. You'll also find informative links to California's foreclosure process & timelines.

Don't miss the link for LawHelpCalifornia.org which helps Californians find legal referrals & self-help resources.

The Center for Responsible Lending estimates that one in 33 U.S. homeowners will be in foreclosure within the next 2 years. Nevada, California, Florida & Georgia are among the states hardest hit by the national foreclosure crisis, California also being among the hardest hit by ARM foreclosure starts.

Among the steps taken by California to help ease this crisis:

• Launched a task force
• Regulates high-risk loans
  
• Encourages lenders to modify defaulted loans
• Mandates that lenders give borrowers in danger of defaulting early notice about available assistance
  
• Has sought voluntary agreements with loan servicers to offer borrowers steps to prepare for payment adjustments

Read the report and find out what your state is doing to help!

Defaulting on the Dream: States Respond to America’s Foreclosure Crisis