I'm renting a house , a couple of nights ago a sherrif served me and my boyfriend foreclosure papers, and said we have to move in 30 days, but the forms do not say anything about us having to vacant the property.
2006-10-15 18:13:20 · 6 answers · asked by ang * 1 in Home & Garden ➔ Other - Home & Garden
Even though it doesn't say you have to move you have to. What it is is that you are paying rent to the owners and the owners are not paying their mortgage. So the house is being foreclosed by the bank. I hope you have receipts of all the rent you have paid these people, because you might be able to sue them for them renting you the house under false pretense. But if the bank wants that house, either you move or they will put your things in the street. Blame the owners they are the ones stealing your money in a sense because they are not paying. It is unfair to you but the bank doesn't care about that. I would immediately contact the owners and ask them so very harsh questions on why this is going on. Be firm.
***Foreclosure is different than being evicted, the bank wants their house back because of none payment. It has nothing do to with you all.****
2006-10-15 18:21:17 · answer #1 · answered by Boricua Born 5 · 0⤊ 0⤋
I do not know what state you live in and laws vary from state to state. I also am not a lawyer so this is not legal advice, but I have previouly been a realtor and a property manager so I am familiar with foreclosure and eviction proceedings
.
FORECLOSURE is when the bank or mortgage company seeks to regain possession of the property because the "owners" have not paid their mortgage payments.
If your landlord has not made his payments and the mortgage company is foreclosing on him you may or may not have rights. Contact your landlord to find out if he is in foreclosure. If he says yes the following probably will apply:
If you DO NOT have a lease, they can indeed tell you to move in 30 days from the date the mortgage company takes over or there is a new owner in which case you have been legally served and if you do not move within 30 days they can evict you. If you DO have a lease, even if there is a new owner, they probably will have to honor your lease anyway and you will just be making your rent payments to the mortgage company or the new owner if it has been sold to someone else. IF you have a lease AND you have made rental payments on time AND are paid up on your rent, you would need to contact the new owner or the mortgage company that had you served. Look for the name on the papers. It should tell you who to contact so that you can inform them that you have a lease on the property. They MAY have to let you continue to live there until the end of your lease term.
If you have not been making your rental payments on time you may be being evicted for non payment, or for some other valid reason if you have broken the terms of your lease. Non payment and some other provisions are legal reasons for a landlord to evict you whether you have a lease or not. Some other reasons could be too many people living in the property, unauthorized people living there, not taking care of the property, etc. The call to your landlord should also answer the question if you are being evicted and why (they HAVE to answer this question).
Contact the law enforcement office that served you with the paper - it might be better to go there rather than call. Tell them you do not fully understand the paper you were served with. They can explain it to you so you will know whether you need to go to court or to just plan to move.
Some cities (I know Austin, Texas has one) have a Tenants Council who will answer questions about Landlord/Tenant issues. They are an excellent source of information. Check in the phone directory, or information to see if your city has one. You might also ask at any public library - they seem to have someone at every library who can answer just about any question or who can refer you to someone who can.
If you have a lease do not automatically think that you have to move. If you have paid rent on time, are paid up, and are abiding by the terms of the lease the landlord has to let you remain in the property until the end of the lease term. They cannot make you move just because they would like to do something else (like charge more rent to someone else, or rent it to their friend or relative, or something like that. You may have rights. Check up on what is actually happening here so you will know what is best for YOU to do.
If there really is a FORECLOSURE and your present landlord loses the property if you do not have a lease you will have to move or negotiate a rental agreement with the new owner. If you do have a lease with your present landlord the new owner will have to honor the terms of the lease until the end of the lease term. If there are 2 months, or 10 months - doesn't matter what the length of time is - they cannot make you move just because there is a new owner. That "new owner" has purchased a "leased property" and must honor that length of time before they can do anything else with the property.
Good luck.
kathy s
2006-10-15 19:55:03 · answer #2 · answered by kathy s 3 · 1⤊ 0⤋
Foreclosure is on the owners..not the renters.....it seems the bank knows there are renters and gave you a 30 day notice.....you legaly then have to move....otherwise a unlawful detainer will be filed against you....and you will be sued to move...and if the judge sees the need for you to move..which they always do....you not only have to move within 3 days..you will owe the attorney fees of those that had you served.
Sorry dude...it's a no-win...just get packin and moving..unless you can reach some sort of agreeement with the new owners or bank to extend the stay until you find a new place or sign a rental agreement with them.
Good luck.
2006-10-15 18:26:05 · answer #3 · answered by Anonymous · 0⤊ 0⤋
definite, in the event that they take possession of the abode. If I have been you, i does no longer pay any lease to every person. Its a count of time for the present proprietor will lose the abode. The banks do no longer that the manpower to gather rents. get exhilaration from the loose trip, yet be waiting for some important pestering from debt creditors. circulate each and every thing of fee out of the abode in case they reposes the stuff.
2016-12-26 20:19:37 · answer #4 · answered by ? 3 · 0⤊ 0⤋
do you own this property or do you rent this from a landlord? if you do not own this property then the papers need to go to the landlord. It will be up to the landlord to decide whether or not they want to refinance the property in order for it not to get foreclosed.
2006-10-15 18:25:38 · answer #5 · answered by Anonymous · 0⤊ 0⤋
when you are told my the law to vacate this as well means property as well . my opion is being evictied. my opion?
2006-10-15 18:22:30 · answer #6 · answered by the_silverfoxx 7 · 0⤊ 0⤋