View Full Version : Pre-foreclosure on rental property. What are my rights as renter?
mommynews7
May 15, 2007, 02:28 PM
I have been renting this home for the past 3 years and have always paid rent on time to the homeowner. I recently received a notice that the property will be in foreclosure if the owner does not bring her mortgage up to date by the end of this month. The owner denies that the home is about to be foreclosed and is demanding we pay rent this month or give notice that we are moving. I stopped payment on this month's rent check as we will need these funds in order to move into another homeif we need to. Does the owner have rights to evict us? Should we give notice and move immediately? The owner has not shown proof that the mortgage has been paid or brought up to date? Please advise me on what to do in this situation.
:confused:
Angel2u
May 30, 2010, 07:53 AM
I am in the same situation, where you able to get any help. If so, can you let me know by emailing me at:
[email protected]
Selah_Rod
Jun 25, 2010, 08:44 AM
In 2009 Obama passed a law protecting tenants whose landlords fall into foreclosure and ultimately are evicted,
1. Your lease is good IF it was signed before the mortgage. The date the mortgage was done should be on the default papers presented at the residence. If lease predates it, then the renter can stay at the residence until the lease runs out. (Careful, if the bank is the new owner because no one could bid higher at auction, then expect almost no maintenance or repairs to your building.)
2. A month-to-month renter gets 90 days notice. As does a 12 month renter. The exception is if the new buyer wishes to live on the property.
Basically, our landlord continued to collect our rent in spite of not paying the mortgage with it. Rent money that we could have put into escrow and saved for a new place to live, instead of only finding out when a sheriff shows up saying you have two days to move yourself, your family, and all your belongings to who-knows-where.
Selah_Rod
Jun 25, 2010, 08:44 AM
In 2009 Obama passed a law protecting tenants whose landlords fall into foreclosure and ultimately are evicted,
1. Your lease is good IF it was signed before the mortgage. The date the mortgage was done should be on the default papers presented at the residence. If lease predates it, then the renter can stay at the residence until the lease runs out. (Careful, if the bank is the new owner because no one could bid higher at auction, then expect almost no maintenance or repairs to your building.)
2. A month-to-month renter gets 90 days notice. As does a 12 month renter. The exception is if the new buyer wishes to live on the property.
Basically, our landlord continued to collect our rent in spite of not paying the mortgage with it. Rent money that we could have put into escrow and saved for a new place to live, instead of only finding out when a sheriff shows up saying you have two days to move yourself, your family, and all your belongings to who-knows-where.