Moving Day

Stress really gets to some people.  When I was young(er) I thrived on it.  Stress got me through the day.  Then I got married, kids, mortgage, and now….well, stress has a way of changing your perspective.

So, what stresses you out?  According to the Internet, there a number of things that stress people, such as:

1. Death of a spouse 100
2. Divorce 73
3. Marital separation 65
4. Imprisonment 63
5. Death of a close family member 63
6. Personal injury or illness 53
7. Marriage 50
8. Dismissal from work 47
9. Marital reconciliation 45
10. Retirement 45
11. Change in health of family member 44
12. Pregnancy 40
13. Sexual difficulties 39
14. Gain a new family member 39
15. Business readjusment 39
16. Change in financial state 38
17. Change in frequency of arguments 35
18. Major mortgage 32
19. Foreclosure of mortgage or loan 30
20. Change in responsibilities at work 29
21. Child leaving home 29
22. Trouble with in-laws 29
23. Outstanding personal achievement 28
24. Spouse starts or stops work 26
25. Begin or end school 26
26. Change in living conditions 25
27. Revision of personal habits 24
28. Trouble with boss 23
29. Change in working hours or conditions 20
30. Change in residence 20


What is interesting is that a change in residence isn’t higher on this list.  I mean we get people in our library almost daily who are being evicted and are on the verge of a mental breakdown!

Take the young lady who came in the other day.  Seems she was in section 8 housing.  Seems the house in which she was renting a room had been foreclosed and the new owner had giving notice to everyone that they wanted everyone (as in yesterday).

Young lady was now in the library visibly freeking out and wanted to know her rights as they related to whether a new owner could just kick her out. Normally in situation dealing with landlord tenant stuff, I would suggest people take a look at:

  • California Practice Guide: Landlord Tenant (TR)
  • California Eviction Defense Manual (CEB)
  • California Tenant’s Rights (Nolo Press)
  • California Forms of Pleading and Practice (Lexis; Vol 29).

The problem is that this is a foreclosure issue and section 8 housing. See, the other day enacted and POTUS Trump signed a bill relating to section 304 of Public Law No. 115-174 effectively reviving the Protecting Tenants at Foreclosure Act, Public Law No. 111-22.

Essentially what Public Law No. 115-174 says is that in the event of a foreclosure, tenants can remain in their units for the remainder of their leases despite the building’s foreclosure, unless the buyer at the foreclosure sale intends to occupy the unit as a primary residence. All tenants including those without leases (I suspect this refers those who hold a sublease) have a right to 90 days’ notice before eviction.

The problem here is that since the new owner, apparently, did intend to occupy the house as their primary residence, everyone had to move out.  Well, in 90 days they all had to move out.  Young lady was livid and inconsolable.  So I suggested she curl up with a good book and read up on the subject in Foreclosures and Mortgage Servicing (NCLS; paying particular attention to §

Not a happy camper was young lady but sometimes that’s the way things go.  Sometimes you’re the nutcracker, sometimes the nut.  Best you can do is find out your rights in a situation and go from there.  Good thing, then, that there are county law libraries (and, by extension, county law Librarians) who are about that can help you find out what you need to know.



By rcll

July 05, 2018

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