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FearfulRenter · Feb 7, 2009, 06:29 PM

I sold my home last April and started renting with Watson Realty. Never been late, drasticaly improved property on my own dime, trying to be a good renter. 2 days ago I got a Foreclosure notice and We have no idea when or if the landlord got serverd. He is missing in action.
I hear we have 21 days to leave after he is severed but we don't know if he has been served already (our fear) or if he has not been served. I have heard that the sheriff can just show up and give you one hour to get out. I have a 4 bed room full of furnishng and 2 small kids. I don't have extra money for a mover and there are no homes we can afford to rent in the area for my kids school. I am told my non experts if I stop paying my rent the landlord can evictment and keep my escrow monies. I need that money to get into a ne place and I can not carry 2 rental payments waiting.

Someone said I can sue the landlord for breach of lease for moving cost, kids being pulled out the school and no othe homes equal to this in price etc.. But I don't know and how long it would take, if I would win and if he would pay if so.

My wife is sick from all this. Do we have any rights what do we do.

I went on public records and see leins from the HOA, ifound the lenders info and called them in PA Gateway Funding. I had to leave a detailed voicemail. That's all I know to do, I do not have extra money for a lawyer.

*** deleted personal info

LisaB4657 · Feb 7, 2009, 07:07 PM

Most of what you've heard is wrong.

If the lender proceeds with the foreclosure then the property will be put up for sale at auction. Once the new owner takes title to the property they have to give you at least 15 (probably 30) days notice to vacate. If you don't vacate within that time then they have to file a lawsuit for eviction. You will be notified of such a lawsuit. Once the owner wins the lawsuit they have to request that the sheriff perform an eviction. The sheriff will give you at least 3 to 5 days written notice.

All in all, once a foreclosure is complete you should have at least a month before the new owner can evict you.

Fr_Chuck · Feb 7, 2009, 07:16 PM

Yes many things, first from the time of notice, it could still be months before the lender actually goes to court.

But beyond that, you will receive notice to evict after the sale by the new owner.

Spotruns · Feb 7, 2009, 07:20 PM

I am a real estate agent in VA so I do not know FL law... but can tell you I have listed many foreclosures here and gone with the sheriff to do the lockouts.
SKIP the landlord... he is no longer the owner of the property... there is nothing you can do about him... and you will never see any money from him.
Get a hold of the new owner--- tell them that you are a renter and would like to help them sell their property... you will work with their real estate agent and even better pay them rent and pay your utilities. The property WILL be sold nothing you can do... but if you help by showing the house... An investor might buy the property and rent it to you... meaning you might be able to stay in the property or at least it might buy you more time. The property will sit empty for at least 2 months before it sells... banks are very behind. The sheriff does not have a choice... in letting you stay. The landlord has not been paying the mortgage... even if you have been paying him. So sorry for your loss... a lot of bad things have been happening to good people lately. :(
-Debbie

Fr_Chuck · Feb 7, 2009, 07:42 PM

No, the sheriff can not legally lock you out unless there is an eviction though the courts. And you will have to be given notice.

Sorry but if you went with a sheriff it was after the new owners gave notice, and after they went to court and served the owners notice of a court hearing.

If a sheriff just locks them out, he could be sued ( and you too if you were part of it)

And the landlord is still the owner, until the foreclosure sale, and the bank can not do anything till that date.

Spotruns · Feb 7, 2009, 08:35 PM

Yes, the new owner does order the eviction... and the eviction starts with a lockout... the locks are changed and you have 24 hours to claim any items left on the property. You don't want to get to this point.

Landlord missing- I am sure he has been given notice many times-- I am sure it has gone to the courts by now.
More than likely --- one of the banks, who owns one of the loans on the property, will buy the property... most foreclosures turn into bank owned sales.

I am not saying you need to leave tomorrow... I am saying it is going to happen... nothing you can do to fight it. Try to help the bank and you might be able to stay a while. Majority of bank owned properties are being sold to investors. If they already have a renter in it that is even better. Spending money for a lawyer is not the answer...

Best wishes!

excon · Feb 8, 2009, 05:07 AM

Originally Posted by Spotruns

Yes, the new owner does order the eviction...and the eviction starts with a lockout...the locks are changed and you have 24 hours to claim any items left on the property.

Hello Spot:

Actually, the eviction ENDS with a lockout... If it STARTS that way, why would a landlord/owner need to continue the eviction beyond that point?

excon

Fr_Chuck · Feb 8, 2009, 05:57 AM

Spotrun, I am sorry it is very obvious you know little about what the process is. You may be invovled in real estate, but may not be aware what is happening prior to the lockout.

The only time there is a lockout (or changing of locks) is when the property is empty and the bank changes the locks to protect it.

If you are doing any other type of lock outs without a formal eviction process you are breaking the law,

And one of the other posters happen to be a practing attorney in real estate and I am also a real estate agent and buy and sell foreclosed property, If I would ever just "lock" someone out, I would end up paying them 1000's of dollars in law suit settlements.

ForeclosureHelp · Jun 8, 2009, 03:50 PM

Did you find the owner yet or is he still MIA?

If so, he is the only one that can stop the foreclosure on the home since he is the only authorized person to speak on the loan.

We are experts in this line of work and the banks can not lock you out! They would have to give you a notice of ejectment... and this is only after the home would go to Sheriff Sale. The foreclosure notice is just the beginning process for the banks to take the property back. This process could take 90+ days right now... I have worked on some files where the banks didn't take the home to sale for over a year!

See if you can find the owner?