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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Unhappy Notice Of Foreclosure To Tenant

    We are in centra Florida, and we were just served last night with a 20 day summons, Notice of Lis Pendens, and Notice of Foreclosure. We are (my husband and I) John and Jane Doe. We rented through a well known property management company...I researched the house, I feel like I did all that I was supposed to do.... I have been told by the now, very uncooperative property manager that we are to keep paying rent, and that the house will sell and we will have new owners. (there is no sign that this house is on the market...)
    I feel like I am being lied to...is this how this really happens? Should I get a lawyer? I feel so slammed and so lost.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Notice Of Foreclosure To Tenant

    I'm so sorry. Your landlord should be whanged upside the head with a frying pan.

    Should I get a lawyer?
    It can't possibly hurt.

    Until the house is sold at auction, your lease is still valid. Once it is sold, your lease becomes void and you are no longer responsible to pay rent to your (current) landlord.

    You'll receive a notice from the new owner - usually a notice to get out, but in some instances, the home is purchased and is continued on as a rental property. There is no way for you to determine what will happen prior to that point.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Notice Of Foreclosure To Tenant

    From what you say, you've been joined in the foreclosure lawsuit which indicates that the bank wants to terminate your tenancy (or convey that right to the buyer at the foreclosure sale).

    There are two schools of thought on this - one is to keep paying rent in the hope that the landlord will redeem the property, or that the buyer will retain you as a tenant. The other is to escrow the money until the foreclosure is concluded, either with sale or redemption, so that you're not in the position of either scrambling to get money together so you can move, and aren't trying to get your security deposit back from a deadbeat landlord. I suggest going with what LawResearcherMissy suggested, and contacting a local lawyer to find out what they suggest. (Some sources of legal help.)

  4. #4
    Join Date
    Mar 2008
    Location
    Omaha, NE
    Posts
    26

    Default Re: Notice Of Foreclosure To Tenant

    Wow. Now that is wrong. My friend once was told to leave his place, along with his wife and 5 month baby boy, after living and renting their home for about 3 months. When he signed the lease, he did not realize that the landlord did not sign it with him till it was too late. The landlord had already found a buyer to the home and was just collecting something extra on the side and without telling my friend. So the house was sold and they had to move out. I hate people like that. I have two kids myself and I raise them by myself for the moment. It would suck for me if that happend...that is why you have to read the fine print and only wonder why the other person did not sign the document. I hope you the best of luck thru this situation...I know it can be hard.

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