I live in a condo with three floors which I have been a tenant and renting for 5 years from an owner that is a complete liar. I live in North Miami Beach, Florida. I noticed that the apartment was going on foreclosure because we received some of the owner’s mail. Then recently I noticed that a letter came to my home saying that my home would be going up for auction on October 7, 2010. Now the president of the condo building is saying that my owner lost the house and now I will have to pay him because the apartment owns it now. The owner of the apartment that I have been renting from for 5 years is acting like he doesn't know what I'm talking about when I brought all this to his attention. Instead he is still trying to get money from me. I want to know what are my rights and where can I get proof of all of this information. How do I contact the sheriff? How long do I have in the apartment? Please help with any information you may know of.
Thanks in advance!

Ask the president of the condo building to provide proof that they purchased the condo at the sale.

If it did not sale to a new buyer, the bank or lender would have taken it back ( unless the condo held the note in which case they would have taken it)

The sheriff normally does not do foreclosure sales, it would have been done by the lender at the court house steps ( how we do ours)

You live there and pay rent to the new owner if they want to rent to you, or the new owner can give you a notice to move.

Who ever owns it can supply you that info, you can see at the court house who has the current deed, but if the sale just happened a new deed may not be filed for a week or two.

One more piece of advice.

If you want to continue to live in the unit - take your monthly rent and place it into an escrow account at a local bank (almost any bank will do this for free). You can then make a copy of the dposit slip and show it to your current landlord and the Condo association. You can prove that you have the money available to pay the rightful owner. There isn't a court in the land that will evict you if you can show you are making an attempt to pay rent to whomever owns the property.

In my opinion - get the heck out of there. Knowing what is going on with foreclosures lately... they are a mess. BOA just declared they are freezing all foreclosures due to problems in some states. Do you really want to rent from someone that is not paying their bills? On the other hand you might be renting from a homeowners association... which will be worse - trust me. There are PLENTY of great landlords like myself that would gladly take a quality tenant AND pay our mortgage at the same time. Do YOU really want to go through this WITH your landlord?? I guess that is what you are probably losing sleep over.

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Originally Posted by Advice123

One more piece of advice.

If you want to continue to live in the unit - take your monthly rent and place it into an escrow account at a local bank (almost any bank will do this for free). You can then make a copy of the dposit slip and show it to your current landlord and the Condo association. You can prove that you have the money available to pay the rightful owner. There isn't a court in the land that will evict you if you can show you are making an attempt to pay rent to whomever owns the property.

IMHO - get the heck out of there. Knowing what is going on with foreclosures lately.....they are a mess. BOA just declared they are freezing all foreclosures due to problems in some states. Do you really want to rent from someone that is not paying their bills? On the other hand you might be renting from a homeowners association....which will be worse - trust me. There are PLENTY of great landlords like myself that would gladly take a quality tenant AND pay our mortgage at the same time. Do YOU really want to go through this WITH your landlord??? I guess that is what you are probably losing sleep over.

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This is NOT the legal procedure in all States. You cannot simply open an escrow account and make your own decision that that is how to handle the problem.

I don't know what "Courts in the land" you are quoting but NY is not one of them - the landlord expects the rent. Sometimes the tenant can get permission to open an escrow. Sometimes the tenant cannot.

As noted, the new owner has to present proof that they own the property. This proof should be a deed registered to the new owner. You can verify the deed with the county.

You should also be able to get a copy of the results of the auction from the local court. I do agree that you should place the rent into a separate account until you can determine who has the rights to it. Even if its not a court ordered escrow account, it will still help if an eviction proceeding is started.

As to getting out, a lot depends on the status of your lease. But if you have lived there for 5 years tou should be familiar with the neighborhood and the HOA. Enough to decide whether you want the HOA as your landlord.

Also you have no lease with a new owner and are on a month to month rental, but again, the new owner will have proof they own it.

How was the lien holder