[luisfeflores]

I have a friend that rented a house on Nov 1, 2007. The bank had filed for Mortgage Foreclosure on September, the Attorney did his due diligence, and sent summons for the unknown tenant as per statute, but landlord took the mail and the service from the property. He later advertized the property for rent, new tenant is in the property paying his rent as agreed on a FAR lease agreement. On the last week of October tenant received Publication of Notice of Sale. Now after paying November’s rent to landlord, he received a letter from a realtor demanding for him and his family to move out of the property in 14 days, no mention of his security deposits (2 months) and last month rent, paid in advance to Landlord. So what recourse the tenant has if service was done prior to signing the lease. Tenant has a loss of $3,887.00, and no place to move.

[ScottGem]

Talk to the realtor. Explain the situation and tell him that he will be glad to move, but needs more time. Tell the realtor he will be glad to pay him the December rent (prorated if he moves before the end of December).

If the realtor agrees, get it in writing.

If the realtor doesn't agree, then tell him to take them to court. Courts are being sympathetic to tenatns caught in this situation and I'm reasonbly sure your friend will be given more time.

As far as the security goes he will need to sue the landlord for it.