korax714
10-12-2007, 12:24 PM
Our landlord came today & said the house is in foreclosure & that we have till the end of the month to get out. He hasn't been paying the mortgage & he is canceling his home owner's insurance today. My question is don't we have to have some kind of notice? There is no way we could find a place is basically 2 1/2 weeks & be ready to move. He said that if we are not out by the last day of the month that the sheriff is going to come lock us out. I have called a lawyer & been doing research online all day & no one seems to be able to answer me. He seemed more interested in suing my landlord for breach of contract because we have a lease. I have 2 small children & of course I am freaking out. I don't know where we are going to live. We had no notice of this until today. Can someone please help & tell me how long do we have to get out or how can we buy a couple more weeks?
seniorjudge
10-12-2007, 12:30 PM
Q: My question is don't we have to have some kind of notice?
A: You said you got notice: "...Our landlord came today & said the house is in foreclosure & that we have till the end of the month to get out...."
korax714
10-12-2007, 12:44 PM
Q: My question is don't we have to have some kind of notice?
A: You said you got notice: "...Our landlord came today & said the house is in foreclosure & that we have till the end of the month to get out...."
He told us today! That is not suffcient. Even if I was evicted for non payment I would be given 30 days by a judge. This is less than that. Plus we have an option to buy lease. We have a 12 month lease. Isn't he is violation of that? I would be ok with a 30 day notice, but anything less than that I think is crazy.
Troubleshooter
10-14-2007, 01:00 PM
You don't seem to get it.
The place is being foreclosed. He won't own it any more after the foreclosure. If he no longer owns the property at the end of the month, he has no control.
This is probably a condition demand by the foreclosing financial institution, not the landlord. Or it may be a requirement of the court presiding over the foreclosure.
In most real estate sales, a lease survives the sale, and the new landlord then has the choice of what to do after the term of the lease ends.
But in most states, there are several cases where the lease ends the instant the property ownership is transferred:
- Foreclosure on the property for unpaid mortgage
- Unpaid tax sale
- Forfeiture for drug seizure law
- Transfer of property as part of a court judgment for damages
- Return of stolen or fraudulently obtained property to the rightful owner
moburkes
10-14-2007, 01:29 PM
Agree with the above. You will have additional time. After the foreclosure is the sale of the property. After the sale, the owner has time to redeem the property. After that period has ended, a formal eviction will occur.
In the meantime, you will STILL need to pay rent, if you intend on staying there. You still need to pay rent to the LL until the courts tell you otherwise.
You need to start looking and packing NOW.
korax714
10-14-2007, 03:56 PM
Our lease agreement says the rent is $900 plus $400 which is to go towards a down payment at the end of the 2 years. So the total is $1300. Do I have to give him the whole $130? Because I am sure at this point that I am not going to get the money I have already given him under this agreement. He will not own the property as on Oct 31st, so do I give him the money still? I got a hold of the foreclosure paperwork & called the law office listed on the paperwork they said 60-90 days unless the property sells & then it would depend on the new owner.
