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    HF1123's Avatar
    HF1123 Posts: 1, Reputation: 1
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    #1

    Jun 23, 2008, 02:31 PM
    House in foreclosure and lanlord never said anything
    Someone I Know Signed A 1 Year Lease With A Lanlord And Have Been Paying Their Monthly Rent And Have Lived There For About 3 Months.. until The Other Day They Were Served A 3 Day Notice To Leave Because The House Was Going Into Foreclosure.. the Landlord Never Told Them Anything About This. I Would Like To Know If There Is Anything They Can Do? They Are An Elderly Couple With 4 Kids And Are About To Have Nowhere To Live..
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 23, 2008, 02:38 PM
    Hello HF:

    Going into foreclosure and being foreclosed upon are months apart. IF the bank gave them the notice, then the house HAS been foreclosed upon. If it's from the landlord, he can't throw them out.

    A little bit more info would be helpful. They are going to have to leave eventually, however. Foreclosure is the one action that unilaterally ends a lease.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 23, 2008, 03:19 PM
    Who served them notice ? Landlord or a new owner, Normally the bank can not evict you till they take over ownership and the current landlord can not evict you under the lease.

    If the home has already sold or has been foreclosed upon, yes a 3 day notice to normal. They may go to court and ask for more time, but once a home is foreclosed there is little they can do.

    In a few states, the landlord can not legally collect rent while in the process of foreclosure. If they do you can sue for that money back.
    But to be honest if they can't pay for their house payment most likely they don't have any money to pay your money back.

    So finding another place quickly is about all you can do, along with appearing in court and asking for more time 30 days or so to move

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