My good friend from England and his family are leasing a home in Houston TX. He is a well paid man working for a oil company and (with British passports). Landlord fell sick and is about to foreclose the house and go bankrupt. My friend Martin loves to stay there to continue his tenancy (a beautiful home close to his work) and landlord wants to help them stay but he is not sure if he could pay the arrears and keep the house and so that the tenant could stay without bing evicted by the bank. Would the bank keep the tenants if landlord requests and since they pay a big check every month and on time?

The house will be foreclosed in a few weeks. How can I help my friend. Landlord's lawyer already gave them prior notice explaining the tenants that landlord is filing bankruptcy chapter 7 or 13 and I know my friend can't sue anybody. All he needs is to stay in the house until his lease is over(for another 18 months).

Can bank evict them on the day they are supposed to foreclose or is the bank supposed to give them at least some notice. Bank's lawyer went to the tenant's house and handed over the papers that the hosue will be foreclosed on a certain date.

Should the tenant find a place immediately or what are the chances? Can lanlord talk to the bank and explain how good the tenants are and request to let them stay until the tenancy is over? The landlord is genuinely trying help. They both parties like an answer if you may kindly pl? Thanks so much!

Hello K:

IF the bank kept the house, I'm sure they'd be happy to keep your friends as tenants. But, the house is going to be sold at auction and the new owners aren't going to be buying a rental house. They're going to be buying a house they can move into.

So, your friend can't stay. Yes, legally they can be evicted as soon as the foreclosure happens although that probably WON'T happen. However, in order to avoid the possibility of that happening, your friend needs to find a home NOW.

excon

First why can't your friend sue, he can sue just like anyone else.

But you friend can be evicted if there is a foreclosure, at the foreclosure all leases are voided. They can stay of course till the home is sold at foreclosure but then they can be moved out very quickly.

As noted with the foreclosure of a residential property, any leases are voided. However, eviction is court proceeding, so no they could not be evicted immediately after foreclosure. They could and probably will be served with a notice to vacate once the foreclosure is finalized. If they do not vacate, then eviction proccedings will be initiated and I'm not sure if they want that on their record.

However, if the landlord is not releasing them from the lease, then they can't leave without breaking the lease. So they are really caught.

The best thing for them would be to see if the landlord will assign the mortgage to them if they will pay the arrears. This way they get to own the house cheap.