How long does a renter have to vacate when owners are being foreclosed?

Question

I moved in this condo in September. I just got served with a summons about three weeks ago stating that this property is going into foreclosure! The last payment the owners made was August. I have been making my payments monthly with no idea this was going on. I have not been able to contact my landlord and they have not called me. I was supposed to pay the rent on the 23rd and did not. I can not save money to move and pay rent at the same time. Does any one know how much time until they force me out. I've been told so many things including they can come with the sheriff and put your stuff out on the street and not give you any notice. THAT WOULD SUCK! I am trying to save money to move but that takes a couple months when you have other bills. Does anyone know anything about this?????

Answer 1

I would contact the Sheriff's office, explain that you are a tenant trying to get information on the foreclosure and the Landlord is not responding, they may be able to advise you. Also, consult an attorney about paying rent. In the interim, start looking for another apartment.

Answer 2

Your rights vary from state to state. In some places the foreclosure will affect you, and in others it won't matter.

Do not contact the owner, the sheriff, etc for advice on your rights or the process. They don't have your best interests at heart and they don't practice law either. Make an appointment for a consultation with a real estate attorney in your area and have them contact the lender's attorney to find out if there has been a receiver of rents appointed. If there has been AND you are in a state where tenancies are not affected by foreclosure, it is most likely that you will be able to remain as a tenant as long as you pay your rent to the receiver.

If you are in a state where tenancies are affected by foreclosure, then you need to start packing and saving. Save as fast as you can because a receiver normally has the right to start eviction proceedings for non-payment. And if there is no receiver, the current owner can do this.

Be aware that although the property is in foreclosure, you do owe rent money and either the lender (assuming the foreclosure proceeds) or the owner (assuming they pull out of it) can come after you for the money. It doesn't mean that they will, but they have the right to obtain a monetary judgment for unpaid rent against you.

You are in a situation where you need a good lawyer who knows real estate law in your area to advise you and not a bunch of people on a message board who may or may not have a freaking clue telling you what to do.

Be smart about this and call and make an appointment with a lawyer who can advise you of your rights and responsibilities.

Answer 3

What state are you in? The laws vary by state.

In California, you will generally have 30 days to vacate, but the summons you received should have given you a date, or at least contact info.

Good luck getting the landlord to call you - in order for foreclosure proceedings to start they are at least 90 days behind in their mortgage payments. If they haven't paid property taxes, the condo can be sold at an auction, or the bank can take it over as an investment property now.

Your best bet is to 1) pull out your lease and see what the terms are 2) pull out the summons and look for contact info 3) find a place to store important items (ie. parents house, Public Storage) in case you are locked out.

Good luck!

Answer 4

I agree with most of the previous answers. It varies from area to area so you have to check.

In principle you are bound by your lease/rental agreement no matter who is the current owner. If you are behind then you can be served with a "pay or quit in 3 days" in california.

The other thing is why not contact the person handling the foreclosure and ask them? Maybe they want you to stay if the foreclosure goes through?

Answer 5

Rental laws are different with every country, province, and state. You didn't say where you lived. You will have to contact your local owner/tenant board, or at least say where you live in your question so we can look up the law there.

Where I live, a tenant has to have 3 months notice to leave, regardless of what the landlord has done.

Answer 6

i had a similar situation happen to me, if they actually forclose on the property then you have til the property goes up for auction and is bought, most cases the property is bought by a new management company before the actual foreclosure happens, therefore keeping the resisiding tennants and accpeting more after renovations are through

Answer 7

i fell into this situation once...the landlord gave me 30 days to move but fair housing told me i had 60 days...i took all 60 days to move out...this was in california.
check with fair housing in your state i found them in the government section of the phone book

if you dont pay any more rent assume that you will lose your deposit

Answer 8

Depends on what State your're in. But basically you should look for another place, and sue the landlord for the cost of moving, and deposit if you don't get that back.

Answer 9

I believe they have to give you 30 days.I would also file papers on your old landlords for your deposit back.
I do think all states are different.So check with your local housing authorities.Good luck.

Answer 10

in maximum situations a loan lender who takes back a belongings in foreclosures isn't sure by skill of the owner's hire contracts together with his tenants & can terminate the hire & eject them (& isn't even responsible for return of the tenant deposit) till the lender has signed a "subordination contract" making them concern to tenant leases (very uncommon in residential lending). The lender could additionally be concern to a tenant's hire rights in the event that they take back a deed in lieu of foreclosures. maximum lenders could decide for to maintain tenants; yet i assume this one does not.