Tenant Rights During Foreclosure Florida

[lwarberg]

A process server came to my door Dec 13 naming me as Jane Doe in a foreclosure process, Sarasota County, Florida. I have tried to contact the bank to make rent payments to them as I was advised by an attorney to discontinue rent payments to my landlord. The attorney representing the bank said it is a process and it takes 90 days or more and I can stay in the house.
The landlord is now threatening me because it is Jan 8th and I have not paid the rent. He is denying the foreclosure and sent me this email this AM, " I'm
Still the legal owner of the house and will be in 1years time it is not for
sale nor will be your lease is up you got the occupancy you paid for ,DO not
even think of being difficult."

Can the landlord evict me for nonpayment of rent if the house is going through foreclosure? The 20 days time limit for answering the lawsuit to the court have passed. Also my neighbor told me the landlord is in the US illegally(without a green card) does illegal immigrant status effect his rights as property owner?

[Mr. Knowitall]

You're getting advice from a lawyer - it's sensible to speak to your lawyer about the status of your tenancy and what you can do in light of these threats.

Have you contacted the bank to see if the property was redeemed, or if it is still in foreclosure?

His immigration status doesn't affect his ownership of the property.

[amberjack327]

Iwarberg,
What was the outcome? I am going through the same thing in Port Charlotte, FL.

[GroundZero]

Your landlord may still evict you for non-payment of rent. Until the bank takes over, the owner remains your landlord and your obligation to pay rent continues. If the Landlord threatens to evict you, I would counter by making a court filing asking a judge to decide whether your rent is to be paid to the landlord or the bank. Pay your rent into the registry of the court in the meantime.

Here is a good link for more information about a tenant's rights in foreclosure: http://www.klglaw.com/homepage-conte...reclosure.html

Hope it all works out well for you.

[Hundess]

I am in a similar posicion. In my case there are just two months left to the lease contract to be ended. I really don't want to stay a little bit more in here, and if I stay, I'm not sure the owner will pay me the deposit back. For me and my family is a very unconfortable situation, having the sheriff to come here, not knowing when they're going to tell us to leave or whatever next step is to come. Somebody told us just to write the owner a letter saying that we are living on the last month deposit and at the end of it, and that we are going to leave the apartment, in good conditions, and I know a lot of people is doing that here in Florida. It just make me very ungry that we acted in good faith and he did'n't.

[OhMy]

I am sorry so many of you are having a similar problem. It must be horrible to have to go through such a thing.

In Florida you can check the stage of a foreclosure process and have a good idea how much time you have until the bank takes back the property.

Remember a landlord can cure a default and not lose the property in a foreclosure process.

Here is a link to find out about the home you live in, check it and post back if you have further questions.

http://www.rentalforeclosure.com/