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etherweaver | The house I rent is being foreclosed what will happen with my lease, which I just renewed? |
I just renewed the lease less then 2 months ago and the house I rent is going up for Sheriff sale by the end of this month. Will I be forced out? |
 |
 
glenn
 |
it used to make your lease void. now If the buyer wants to move in your lease may still be void- but if they intend to rent it or if it is the bank that ends up with it, i think they may have to honor your lease. |
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Dawn
 |
I believe the new owners of the property would have to file for eviction in court first. |
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alicialions
|
Unfortunately yes, whoever the new owner would be would have no obligation to renting to you. |
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Simpson G
 |
If the lease was entered into before the owner received the final foreclosure notice, then it is a bona fide lease and will transfer with the sale of the property. This is according to the Protecting Tenants at Foreclosure Act of 2009.
If the owner already knew that the property was going to be foreclosed upon, then you will be considered a month to month tenant. Once the title is transferred, the new owner can give a month to month tenant 90 days to vacate.
http://www.hacla.org/attachments/wysiwyg/10/PL111.22TitleVII.pdf |
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rswpbc
|
Forgive me for being the bearer of bad news but here goes....The landlord took advantage of you because he knew his house would be going into foreclosure. Since the Sheriff sale has a date set, you would be better off moving before that date or risk being prosecuted for trespassing. The landlord (seller) does not own the property and hasn't since the first day of the foreclosure process. You can be forced out by the new owner, which although it isn't fair, it is legal. Also for you to understand the process I would suggest you go down to your local courthouse and ask the clerk for the foreclosure list. Of course you know the address, but to get any information you need to have the number they gave it for the foreclosure. Once you get that information, take it back to the clerk and have them pull the file. It will give you all the information you need and is of public record. The other way of finding out is to watch the classified section and look at the NOTICE section. This will give you the parcel number, attorney handling the foreclosure, the amount of money it is selling for and other pertinent information. |
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