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Default and Foreclosure: Know Your Rights
Information About Foreclosure Prevention and Mitigation for Homeowners and Tenants
If you are an Oakland homeowner in or at risk of foreclosure, you can fight to stay in your home.
Many homeowners who are facing the threat of losing their homes do not get reliable help in time.
Call for help if you…
· Are having trouble paying your mortgage
· Have received a notice of delinquency or default
· Are in foreclosure or think you are at risk of foreclosure
· Believe you have a predatory loan and need legal advice
· Are being pressured to short sell your home
· Feel like your lender is giving you “the run-around”
You can get free housing counseling or legal services from reputable organizations funded by the City of Oakland. Contact the City of Oakland’s Housing Assistance Center at (510) 238-6182 for help.
The California Homeowner Bill of Rights. Starting in January 2013, California has new laws to help homeowners in foreclosure called the Homeowner Bill of Rights. This includes:
· One contact person for your case or an established team (no more run around)
· Limits to foreclosure while you are being considered for a loan modification
· The possibility of principal reduction
Even if you feel like you are out of options, do not give up hope! THERE MAY BE NEW RESOURCES AND FINANCIAL ASSISTANCE TO HELP YOU.
TO GET FREE HELP FOR HOMEOWNERS, CALL (510) 238-6182
You may be referred to services funded by the City of Oakland and provided by nonprofit organization Housing and Economic Rights Advocates (HERA).
If you are an Oakland renter and your home is in foreclosure or at risk of foreclosure, you may have the right to stay.
Depending on your circumstances, you may have the right to stay in your home, even if you have been asked to leave or threatened by a bank, agent, lawyer or landlord. Whether you want tenant rights counseling or legal services, you should contact the Oakland Tenant Defense Hotline at (510) TENANTS (836-2687). This hotline is staffed by Causa Justa :: Just Cause, a nonprofit housing rights organization and funded by the City of Oakland.
· The new owner, usually a bank, cannot immediately raise the rent or evict you without proper, written legal notice.Foreclosure itself is not a “just cause” for eviction under Oakland’s “Just Cause” Ordinance. (Not all rental units are covered by Just Cause, so call the Hotline for more information.)
· Failure to pay rent is a “just cause” for eviction. To protect yourself, continue paying rent & keep receipts (or if you’re not sure who to pay, save your rent).
· You do not have to accept “cash for keys.”
· The new owner must pay any utilities for which your previous landlord was responsible under your rental agreement (oral or written). Call the Hotline if your utilities are cut off or threatened to be cut off.
Download the City of Oakland flyer on the rights of tenants living in an Oakland home affected by default or foreclosure.
TO GET FREE HELP FOR TENANTS, CALL (510) TENANTS (836-2687)
You may be referred to services funded by the City of Oakland and provided by nonprofit organizations Causa Justa :: Just Cause, East Bay Community Law Center (EBCLC) or Centro Legal de la Raza.
We want your feedback
To provide feedback to the City of Oakland regarding the outreach worker, hotline, housing counseling or legal services funded by the City of Oakland, please call (510) 238-6225 or email us at firstname.lastname@example.org.