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dking · Dec 20, 2007, 05:55 AM

I have been renting a house since June 2007, going through the Real Estate company. I have made my payments every month. I was just summoned due to the house is now going through foreclosure. How do I respond to the summons.

Fr_Chuck · Dec 20, 2007, 06:33 AM

What does the summons ask you to do. Basically it does not matter if you are current with your rent, you can be and will be evicted if and when the house sells at foreclosure if the foreclosure company wants you out, or if the new owner wants you out.

So you appear in court if you want, but personally you need to start packing and finding some where else to live

ScottGem · Dec 20, 2007, 06:58 AM

Why were you "summoned". It would help if you read the notice you received and gave us a synopsis.

The facts are that when a house is foreclosed on, any rental agreement that the previous owner had with a tenant is terminated as of the foreclosure date. This means that you will be required to move. It doesn't matter how good a tenant you were or how timely you paid. Your lease will be terminated and that's that.

A "summons" does not sound right. Its typical for the lienholder to send a notice to the address advising that the property is in foreclosure. This gives the tenant some warning that they will have to move. Once the foreclosure is finalized a formal notice to vacate is delivered to the tenant giving them a deadline by which they have to move. If the tenant refuses to go, an eviction proceeding will be held to forcibly evict.

Once the foreclosure is final, you have the opportunity to negotiate with the new owner either a new lease or to give you some time to find a new place to live. Prior to the foreclosure being finalized you are required to continue to pay your rental to your landlord.

One thing you might consider, if you want to stay, is buying the house from the landlord. If they are going to lose it in foreclosure, they may be amenable to some deal, whereby you fork over a small amount of cash, pay to bring the mortgage up to date and assume it or refinance. You may be able to get the house at a bargain.

But without knowing what this notice you received says its hard to answer how you answer it.