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jessibeth · Oct 2, 2012, 07:36 AM

My family with 3 kids have been renting a house for 8 years.always paid our rent on time n in full,until the owners informed us 4 months ago that they were letting the house go to foreclosure n stopped paying the mortgage n thus we didn't need to pay them rent anymore @the that time.they just moved out yesterday(they had been living in downstairs finished basement).I need to know what our rights r n how long my family can stay in the house.we would love to remain indefinitely if possible.maybe pay bank rent,unfortunitly we can't affford to buy the home.not only is too much owed on it,its not worth that much n we ourselves r in middle of chapter 7.so far only a notice of judgement has been filed two weeks ago,no writ of execution yet... how long can we safey ,illegally stay in the house. We r maintaining it as we have been for the past 8 years.

ScottGem · Oct 2, 2012, 09:57 AM

Do you have a lease? Do you have it writing from the owners that you no longer have to pay rent?

From a legal standpoint you are responsible for the rent as long as you live there. The owner could take the rent and do whatever they want with it. I would be placing the rental in an separate account in case someone claims it.

As to how long you stay that depends on how quickly the bank forecloses. It could be months. Under current law, the new owners would have to honor any lease you have. At the least you get 90 days to move. On the other hand, the bank would prefer someone stay in the property so you may be able to make an arrangement with them.

If you can, I would get the current owners to sign a lease allowing you to remain in the house for 2 years at a minimal rental.

jessibeth · Oct 2, 2012, 10:49 AM

Thank you... we did have a year to year lease for the first couple of years but for a while now it was just a verbal agreement.

The only thing that the owners did was send us a letter stating we need to vacate in 30 days but they said they will not pursue,we can ignore it, they just did that to cover their butts in the eyes of the bank..

I tried to contact the bank even thur the lawyer that issued the judgement papers but he said he can not advice or discuss anything with me but will pass on my info to the other lawyers in the case

ScottGem · Oct 2, 2012, 11:08 AM

Originally Posted by jessibeth

the only thing that the owners did was send us a letter stating we need to vacate in 30 days but they said they will not pursue,we can ignore it, they just did that to cover their butts in the eyes of the bank..

Again, do you have this in writing? If you were given 30 days to vacate, you may not have legal standing. Its even possible, the bank can immediately institute eviction proceedings once they foreclose since you ignored a valid notice to vacate.

I would consult a local lawyer.

jessibeth · Oct 2, 2012, 11:13 AM

OK I will consult a lawyer... thank you

AK lawyer · Oct 13, 2012, 11:35 AM

Originally Posted by ScottGem

... . At the least you get 90 days to move. ...
If you can, I would get the current owners to sign a lease allowing you to remain in the house for 2 years at a minimal rental.

I believe, ScottGem, you are referring to the Protecting Tenants at Foreclosure Act. 90 days if this is in the U.S. and the act doesn't sunset. It is slated to sunset on the end of the year, which is less than 90 days now.

Also, this 2-year sweetheart lease you suggest would not work; it wouldn't be a bona fide lease.