When elders’ deaths can result in foreclosure and eviction
Dec 24, 2022By Pat Kapowich | Published: June 28, 2022 | For the Bay Area News Group and its flagships The Mercury News and East Bay Times
Q: I’m flying into the Bay Area to sell my in-laws’ triplex. My wife’s parents passed in February of 2020. I am the trustee of their estate. Last week, my wife did an internet search on the property. It came up as facing foreclosure. Further investigations found a notice of default filed against the triplex.
During the pandemic, I put everything on hold. We agreed that my sister-in-law and her adult daughters, who occupy two of the three apartments, could pay the monthly mortgage using the rental income from the upstairs apartment. They failed to make one payment. The foreclosure sale date is in five weeks.
The bank is refusing partial payments. Since the foreclosure moratorium is over, the bank is moving forward with a sale date. We need to hire a real estate agent to sell the property quickly before the bank forecloses. My brothers-in-law arrive on Monday to move their sister and her adult children out of the triplex. The brothers also plan to change the locks.
My sister-in-law and nieces have lived rent-free for years. I’m sure you have familiarity with this type of scenario. What else can we do besides hire an agent and empty the building?
A: In these cases, the family members or caretakers who refuse to move out are tenants at will who do not pay rent. Foreclosure and eviction moratoriums have ended. Proceed with caution. Hire a real estate attorney who specializes in delaying foreclosures. It’s money well spent. A flaw in the process can reset the foreclosure countdown and postpone the sale date.
Also, hire a real estate attorney specializing in evictions, especially removing family members and caretakers. You need legal advice. Removing tenants and changing locks without consulting a real estate attorney can backfire. Local and state rental laws might dictate selling the triplex occupied by family members — tenants at will, no less. If so, they soon become the new owner’s problem.
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