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    kws992's Avatar
    kws992 Posts: 2, Reputation: 1
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    #1

    Nov 26, 2012, 10:03 AM
    The house my son and his family are renting has foreclosed. The owner has given the?
    My son and his family are renting a home that has foreclosed. The owner has given them a week to leave. Is this legal in Virginia/ They have to be out tomorrow, 11/27/12.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Nov 26, 2012, 10:36 AM
    Did your son have a signed lease agreement with the original owner? If so, what does it say about termination? If not, then your son is considered a month-to-month renter, and in VA the new landlord must provide written notice at least 30 days prior to termination.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 26, 2012, 05:45 PM
    Is the "owner" someone who acquired property through the foreclosure process? If so, the Protecting Families at Foreclosure Act applies I think. Which means they have to give you at least a 90-day written notice.

    Or am I missing something?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #4

    Nov 26, 2012, 06:03 PM
    We really can't help further until you tell us who the owner is, is it a new owner after the foreclosure or the original owner
    kws992's Avatar
    kws992 Posts: 2, Reputation: 1
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    #5

    Nov 26, 2012, 08:11 PM
    Quote Originally Posted by ebaines View Post
    Did your son have a signed lease agreement with the original owner? If so, what does it say about termination? If not, then your son is considered a month-to-month renter, and in VA the new landlord must provide written notice at least 30 days prior to termination.
    From what my son was telling me is, the owner is still the current owner. The house has foreclosed and they were told 10 days ago that they had to be out by Tuesday. He was going to have the locks changed after that. He is renting month to month with no current lease. I don't know if it was a written notice or verbal.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #6

    Nov 26, 2012, 08:52 PM
    If it has foreclosed the owner is no longer the owner and has no right to rent or changing locks. If it IN foreclosure process the owner must follow the foreclosure laws in this state, which he is not following
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Nov 27, 2012, 02:39 AM
    Agree, if a house is foreclosed, the bank or some new owner "owns" it.

    If the old owner still owns it, then it is in the process of being foreclosed.
    There is a big difference.

    In either case, no they can not change the locks, he can just go on in, they will have to file legal eviction in court to get him out.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Nov 27, 2012, 04:24 AM
    Foreclosure of a property is not final until an auction is held or the property changes hands. Just being in the foreclosure process doesn't mean it will be foreclosed on.

    If the foreclosure is not final then it is immaterial at this time. The owner is still his landlord and has to follow the law to remove him. Your son cannot be legally removed from the property except by court order. Changing the locks would constitute an illegal eviction which violates VA law. Virginia Eviction

    If the eviction was finalized and there is a new owner, then they are subject to the law that AK linked to.

    Your son should get a copy of his original lease or proof of residence and carry it with him. If the landlord changes the locks on him, then call the police, show proof of residence and get them to let him back in. Then file suit against the landlord for illegal eviction. That should tie up things until he can find a new place and get him money to move.
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