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lfranklin71964 · Oct 24, 2009, 07:21 PM

My neighbor was just served notice of foreclosure papers by the sherrifs department here in Kissimmee, Fl. She is upset because she just rented the property and moved in less than a month ago. The papers state that the landlord hasn't made a mortgage payment in over a year and that she has 30 days to move. She has no money since she just paid her 1st months rent and a $100 deposit. The condo was a total disaster when she moved in and she had to do all of the cleaning hence the cheap deposit. She is disabled and has a 15year old son she is trying to take care of and now this happens. What can she do? Does she have any rights? :eek: Can she get her money back from the landlord? :rolleyes:

ScottGem · Oct 24, 2009, 07:46 PM

First, under federal law she has to be given 90 days notice from the date the foreclosure is made final. The citation for that law is in one of the sticky notes at the top of this forum.

Second, Who issued those papers? Was it the mortgage lender or a court or what? She needs to find out if the landlord no longer owns the property or not.

Third, she should immediately stop paying rent to the landlord but she NEEDS to put the rental payment into a separate account until its determined what she has to do.

Finally, she can sue the landlord for fraud, but if he's letting the property go in a foreclosure, then its unlikely he will have money to pay.

Once she finds out who issued the vacate order, she can go to them and cite the federal law saying she will move, but within 90 days, not 30.

Fr_Chuck · Oct 24, 2009, 08:37 PM

Agree with all of Scott. Most likely but not always, any money she paid in rent is long gone along with the deposit, So even if she would win in court, no way to really get the money often.

ballengerb1 · Oct 25, 2009, 07:54 PM

I am not certain that the foreclosure papers have been properly served, I think the owner must be served not the tenant. What you do guys think on this topic?

ScottGem · Oct 25, 2009, 08:09 PM

Originally Posted by ballengerb1

I am not certain that the foreclosure papers have been properly served, I think the owner must be served not the tenant. What you do guys think on this topic??

It depends on what was actually served. It could be she was served with a vacate notice.