Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1

    Default Landlord's House Under Foreclosure

    I am in Texas (Dallas County). We just moved here Sept 1, 2009 amd have received several letters at this address for the landlord from an attorney. One day my 3 year old daughter got our mail and opened it all. Within those letters was one of the letters from the attorney saying that this house is going under forclosure from the bank.

    We gave it to the landlord and told him what happened. He said "don't worry about it. I have been going back and forth with them about this and you shouldn't have to worry".

    I do worry and wonder if it is in forclosure what are my rights. Is there a way to find out and what should I do?

    Keep Paying - Do I get my deposit back - should I start to look for somewhere else to live etc.....

    Thanks

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

    Default Re: Landlord's House Under Foreclosure

    Ouch. I'm sorry you've found yourself in this increasingly common situation.

    You have rights, and the Austin Tenants' Council has done a great job of explaining them here.

  3. #3
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Landlord's House Under Foreclosure

    Tenants in foreclosed properties are now protected under federal law from immediate eviction. The "successor in interest"/new owner must give tenants a minimum of 90 days notice to vacate. Tenants may be entitled to remain in the unit for the remainder of the lease term, unless the new owner intends to occupy the foreclosed property. Even if the new owner does intend to occupy, the 90 day notice requirement applies.

    http://thomas.loc.gov/home/gpoxmlc111/s896_enr.xml


    You must continue to pay rent or you can be evicted like any other non-paying tenant, and the 90 day notice requirement would not apply.

  4. #4

    Default Re: Landlord's House Under Foreclosure

    Thank you for all your help. There was a man from the mortgage company GMAC that was taking pictures of the hosue. I looked on the county forclosure list and this house is not on it yet.

    If the mortgage company forcloses will it be on the county website in their forclosure sale or could I call the company and ask?

  5. #5

    Default Re: Landlord's House Under Foreclosure

    Apparently, this house is on a foreclosure list, but not on the Dallas County Foreclosure list yet. We have a title company and real estate agent working on this for us trying to find what's going on.

    The link in the previous reply stated that the tenant can file criminal actions against the landlord for theft and fraud if they do not give the deposit back.

    I think that is what we will have to do.....

    thank you for your reply's. You really helped me out.

  6. #6

    Default Re: Landlord's House Under Foreclosure

    My landlord confirmed today that the house that I am renting is in Foreclosure.

    If the new owners purchase the house to live in and/or do not want to rent - Once I receive the 90 day letter do I have to pay rent for those 90 days?

    If I do not pay can they then file a 30 day eviction on me?

    I read all the marterial, however, I am still a liitle confused

    Thanks in advanced

    daveofgv

  7. #7
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Landlord's House Under Foreclosure

    Dave - I'm truly sorry to hear of your situation. To answer your questions and I hope this helps somewhat:

    • Until the purchaser (new owner) gives the tenant written notice that the property was bought and a name and address where to send payments, the tenant is not responsible for rental payments to the new landlord. Further, a tenant is protected by law if the tenant pays the rent to the old landlord prior to the notification of foreclosure.

    • If a tenant has established a tenant-landlord relationship through the payment of rent, but has not yet signed a new lease agreement with the new landlord, the tenant must give written notice to terminate this tenancy. The notice period should be based on the frequency of rental payments, for example if the tenant pays once a month, then a 30-day notice must be given.

      Once written notification of a foreclosure is received, the tenant can choose to move without fear of being held liable under the lease with the prior landlord. Of course, the tenant can be held liable for the reasonable rental value of the rental premises for the time between the foreclosure sale and the date the tenant moves out.

  8. #8
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Landlord's House Under Foreclosure

    Everyone here has done a great job of explaining your rights.

    The only variable is whether or not the new owner will want to move in himself or keep the property as a rental. This process, by the way, could take a very long time. It doesn't matter how quickly it goes into foreclosure, it matters WHEN the property legally changes hands and how efficient the new owner is.

    So, I would say, know that you will have some time and more than likely more time than you think.

    Definitely keep a copy of your current rental agreement handy.

  9. #9

    Default Re: Landlord's House Under Foreclosure

    Thank you for your reply M'sta Mikey....

    Once written notification of a foreclosure is received, the tenant can choose to move without fear of being held liable under the lease with the prior landlord.
    Who sends this notice? If it's the purchaser then that means we can't find another place to live until then.

    I just confirmed that this address is on the list scheduled for sale on November 3, 2009. My present landlord has never sent anything to us, but has verbally told us that it was going to be foreclosed. He has said numerous times "I have heard something about Nov 3rd". He told me that there would be no problem returning our deposit, however, he is a smart guy (West Point Grad) and I think he will be looking for any loop holes to benifit himself instead of doing whats right and give us the money back and let the house go. If I decided to move starting in November does that mean my present landlord has the right to keep my deposit?

    I would hate to let this guy off the hook with my deposit and I would need it to give to a new landlord.

    Also, when is the day of forclosure considered? November 3, 2009 (the day it's suppose to sell) or would it be before that? I would like to know when the lease has been terminated due to foreclosure.

    I have researched a lot, but still have questions. This house is located in Dallas County Texas.

    Thank you all for your help so far

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord's House Under Foreclosure

    I believe he's referring to confirmation from the court that a foreclosure sale has occurred. However, the tenant would not ordinarily receive a copy of any such notice.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Foreclosure: Rented a House After HOA Foreclosure Was Resolved, Now Bank is Pursuing Foreclosure
    By Absinthe in forum Buying, Selling and Conveying Real Estate
    Replies: 2
    Last Post: 06-15-2011, 08:22 PM
  2. Foreclosure: House May Go into Foreclosure
    By dc1011 in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 10-13-2010, 03:01 PM
  3. Foreclosure House
    By blessings in forum Tax Law
    Replies: 4
    Last Post: 04-21-2009, 06:53 PM
  4. Change of Ownership: Landlord Let The House Go Into Foreclosure And I Have No Heat
    By misslizz28 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 12-03-2007, 03:57 PM
  5. Change of Ownership: Landlord Died, House in Foreclosure
    By girl_in_L.A. in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-05-2007, 06:52 AM
 
 
Sponsored Links

Legal Help, Information and Resources