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msbinthere · Oct 26, 2012, 09:43 AM

A home I am renting is in preforclosure and now has a new owner what are my rights? The new landlord says I am illegally in this home cause he is the new owner as of 10 am this morning I have lived her for over 2 yrs now what can I do

AK lawyer · Oct 26, 2012, 10:12 AM

Assuming that you are in the U.S. the new LL is mistaken. He is required to give you a 90-day written notice before he can evict you. If he can document that he indeed has title to he property, you should from now on be paying your rent to him.

Read this thread. If Congress fails to extend the Protecting Tenants at Foreclosure Act before the new year, it is technically possible that you could be sued for eviction on January 2nd, but I really doubt that a court, next year, will not require that the LL have given you a full 90-day notice, even if the act does sunset.

Tell the LL "no", you are not ready to move out at this time. He will have to sue you to evict you. If he does, the court will be aware of the PTAFA and will dismiss his case. But start looking for another place because, sooner or later, he can evict you if he is serious about it.

msbinthere · Oct 26, 2012, 10:17 AM

So during that 90 days I pay him rent and prepare to be evicted too ? He wants the property

smoothy · Oct 26, 2012, 10:25 AM

Originally Posted by msbinthere

so during that 90 days i pay him rent and prepare to be evicted too ? he wants the property

Exactly... so I'd start looking for another place... beyond that notification period he is under no oblgation to continue renting it to you.

Its clear he bought this property to be his residence... not an investment rental property.

LisaB4657 · Oct 26, 2012, 05:40 PM

If the home was in "preforeclosure" and sold to a new owner before the foreclosure was completed then the Protecting Tenants at Foreclosure Act does not apply.

The new owner is required to honor any written lease that you have. If you don't have a written lease then the landlord can give you a written notice terminating your tenancy within anywhere from 15 to 60 days. The required time depends on the state. Tell us where you are and we'll tell you how much notice he must give you.

In any case, I suggest that you immediately start looking for a new place to live.

ScottGem · Oct 26, 2012, 06:40 PM

The keys here are how the new owner came to be the owner, where the property is located and what your lease status is.

If this is the US and he purchased the property at a foreclosure auction, then he has to give you 90 days. If he purchased the property by sale from the previous owner, then he has to give you a vacate notice according to local laws. He also has to honor any lease you have.

So you need to fill in the blanks about the situation so we can help further. But there is no way you are illegally in the property.

ballengerb1 · Oct 26, 2012, 06:41 PM

Yep, Lisa has it right. Your lease should still be valid

AK lawyer · Oct 26, 2012, 07:52 PM

Originally Posted by LisaB4657;

If the home was in "preforeclosure" and sold to a new owner before the foreclosure was completed then the Protecting Tenants at Foreclosure Act does not apply.

If it was sold in a short sale prior to completion of the foreclosure, that would have course be true. I read the OP's words "... is in preforclosure and now has a new owner ..." to suggest that the new owner acquired title through foreclosure.

ScottGem · Oct 27, 2012, 05:51 AM

I'm a little confused here. I remember the original question as being different. Did you edit it? Please don't do that as it changes the answers.

If the new landlord is threatening to call the police, let him. You show the police officer that you have been renting the property ofr over 2 years and have received no written notice to vacate prior to the new landlord contacting you. Have you asked the new owner for proof of ownership?

msbinthere · Oct 29, 2012, 02:50 PM

Thanks guys amd ladies I am not sure how foreclosure works but from what I can tell they have been saying pre foreclosure I am assumeing the landlord is still the one selling her property before the bank takes it over and now therei s a new buyer who is now the new owner and has informed me I have to be out by the first of November I am not sure what I can do I paiyed my bills on time for 2 yrs and now I feel like heel in all this and people can just rip the world from under my and my kids head this isn't fair it really sucks but I guess like mom said life isn't fair :(

LisaB4657 · Oct 29, 2012, 02:55 PM

Do you have a written lease?

If you have a written lease then the new landlord has to honor it. If you don't have a written lease then the landlord has to give you a WRITTEN notice giving you a certain amount of time to move. That time can be anywhere from 15 to 60 days depending on your location.

Tell us your location and if you have a written lease. Then we can give you a better answer.

ScottGem · Oct 29, 2012, 03:21 PM

Originally Posted by msbinthere

thanks guys amd ladies i am not sure how foreclosure works but from what i can tell they have been saying pre forclosure i am assumeing the landlord is still the one selling her property before the bank takes it over and now therei s a new buyer who is now the new owner and has informed me i have to be out by the first of november i am not sure what i can do i paiyed my bills on time for 2 yrs and now i feel like heel in all this and people can just rip the world from under my and my kids head this isnt fair it really sucks but i guess like mom said life isnt fair :(

We've asked you several questions, which you haven't answered which will help us help you more.

The main point is, the new owner just can't throw you out and there is no way you are in the house illegally. But since he seems to have purchased the house from your previous landlord, you will have to vacate. The question is how much time you have. And the only way we can help you with that, is if you answer our questions.

msbinthere · Oct 29, 2012, 03:45 PM

I am in Georgia my lease expired a year ago but I been on a month to month since then I have been here 2 yrs 6 months so far I think the previous landlord knew there was problems with her mortgage that's why she didn't insist on a new lease and just did month to month

Fr_Chuck · Oct 29, 2012, 03:52 PM

The new owner may give you notice to move but you will still be a month to month renter with the new owner.

If this was done prior to foreclosure, then it is just a sale, no different than any person selling their home.

The police can do nothing if they are called since you are a renter. The new owner should have gotten credit from the old owner for any part of the month that they had at closing, if not that is a issue between old and new owner. When rent is due, you need to pay the new owner ( or attempt to )

So yes they may evict you, but have to do so legally with a 30 day notice as long as rents are paid up to date.