We live in a single family home. Our landlord has not paid the mortgage in 2months and has signed surrender papers with the mortgage holder. We have a lease and was told by her that the house will be foreclosed on 12/28/09 and that we needed to be out before then or they will board up the house with our belongings This is in 9 days and I am recovering from heart surgery. What can we do and what are our rights

In a foreclosure they have to give you a 60 day notice at the time of foreclosure. Who is telling you this, the current owner or the bank ?


Your lease is voided at the time of foreclosure.



"Protecting Tenants at Foreclosure Act of 2009"

SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING TENANCY.


(a) In General- In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to--



(1) the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and




(2) the rights of any bona fide tenant, as of the date of such notice of foreclosure--





(A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90 day notice under paragraph (1); or




(B) without a lease or with a lease terminable at will under State law, subject to the receipt by the tenant of the 90 day notice under subsection (1),



except that nothing under this section shall affect the requirements for termination of any Federal- or State-subsidized tenancy or of any State or local law that provides longer time periods or other additional protections for tenants.

(b) Bona Fide Lease or Tenancy- For purposes of this section, a lease or tenancy shall be considered bona fide only if--

(1) the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant;


(2) the lease or tenancy was the result of an arms-length transaction; and


(3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized due to a Federal, State, or local subsidy.

(c) Definition- For purposes of this section, the term `federally-related mortgage loan' has the same meaning as in section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602).

There is a sticky note at the top of this forum that deals with these issues. Federal law gives you a minimum of 90 days to vacate.