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  1. #1
    Join Date
    Oct 2009
    Location
    Jacksonville
    Posts
    4

    Angry Foreclosure

    My question involves a foreclosure in the State of: Florida.

    In october 2008 I signed a (1) year lease to rent a home in florida, and on November 1st 2008 my family and I moved in. However on November 26th 2008 we were served with foreclosure paperwork, because the property owner had defaulted on their mortgage payments. We were given (20) days to respond to the complaint, we responded but the property owner did not.

    After further research we found out that the property had not been occupied for (3) months prior to us signing the lease in October 2008, and moving in on November 1st 2008.

    After further review of the forclosure paperwork we found that the property owner defaulted on the mortgage as of August 1st 2008.

    My questions are as follows:

    1. Since the property owner had already defaulted on the mortgage payments (3) month prior to us signing our lease; was our lease valid? and if so, why?

    2. Did the property owner commit fraud by letting us sign the lease?

    3. Can we go after the property owner for damages?

    Jax.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Foreclosure

    As long as they still owned the house, they can rent it out. They may be liable for damages if they breach the lease, such that you have to move early due to foreclosure.

    You say there was a notice of foreclosure in November, 2008. That was a year ago. What happened between then and now?

  3. #3
    Join Date
    Oct 2009
    Location
    Jacksonville
    Posts
    4

    Default Re: Foreclosure

    We tried to purchase the property from the home owner, subject to the homeowner making a few repairs; the homeowner never responded to our offer. so, we moved out.

    auditor

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