My sister is renting a house and she just moved in last month. She has a three year lease and yesterday she got a letter saying the house is going to be forclosed as soon as thirty days.:yikes: Does she have any recourse at all? It seems to me that the landlord had to know forclosure was coming if the bank is saying they can forclose as soon as thirty days.
house forclosure question
- Thread starter goldiefur
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Let me make clear that this is not legal advice . . . I'm working purely from memory here, and landlord tenant law varies hugely from state to state . . . So this is purely my personal and not professional opinion!
But, under the common law, in most cases, the lease should run with the land. A lease is a contract, and moreover, it is actually a form of property--leasees have rights. I believe, under the traditional rules, the new owner is obligated to either honor the lease or pay damages. I suggest your sister consult a lawyer. If she can't afford a lawyer, try legal aid. There are usually lots of people there who are very familiar with landlord-tenant law. I'd also suggest she do so right away, before it beomes a crisis situation.
I'm pretty sure that at the very least they can't just give her 24 hours notice to get out . . . I've never heard of that being legal under any circumstances, except where a tenant has repeatedly defied eviction notices.
There probably is a recourse . . .frankly, there are lots of protections for renters, but they don't know about them and thus their ignorance is exploited by landlords and banks.
But, under the common law, in most cases, the lease should run with the land. A lease is a contract, and moreover, it is actually a form of property--leasees have rights. I believe, under the traditional rules, the new owner is obligated to either honor the lease or pay damages. I suggest your sister consult a lawyer. If she can't afford a lawyer, try legal aid. There are usually lots of people there who are very familiar with landlord-tenant law. I'd also suggest she do so right away, before it beomes a crisis situation.
I'm pretty sure that at the very least they can't just give her 24 hours notice to get out . . . I've never heard of that being legal under any circumstances, except where a tenant has repeatedly defied eviction notices.
There probably is a recourse . . .frankly, there are lots of protections for renters, but they don't know about them and thus their ignorance is exploited by landlords and banks.
It really depends on the state.
She likely will have no defenses to the eviction. Once the bank or whoever purchases the home at auction owns the place, they can evict her. It would have to be done through regular landlord/tenant evictions (with the new owner as landlord)
She would be able to sue the current landlord for damages, though
In my state, once a house is sold at auction after foreclosure, the owner still has a 6 month redemption period, during which the eviction can't take place
In my state, once that was over and the new owner went to court for an eviction, there would still be at least 10 days before she'd have to move out
She likely will have no defenses to the eviction. Once the bank or whoever purchases the home at auction owns the place, they can evict her. It would have to be done through regular landlord/tenant evictions (with the new owner as landlord)
She would be able to sue the current landlord for damages, though
In my state, once a house is sold at auction after foreclosure, the owner still has a 6 month redemption period, during which the eviction can't take place
In my state, once that was over and the new owner went to court for an eviction, there would still be at least 10 days before she'd have to move out
I will tell her all of this asap. I know she put down a deposit of $2500 and she pays $1100 a month she should at least get her deposit back. She has 5:yikes: kids so she might be up a creek on this one. It took her a while to find this place it was really nice it has a huge fenced yard. I had a feeling it was to good to be true because here in Louisiana since Katrina houses to rent are very hard to come by usually you won't see anything under $2000 especially a three bedroom two bath. She is going to call the mortgage or whomever sent that letter to see if they will tell her just how desperate a situation this is. I am assuming that banks won't come after people unless they have missed three or more mortgage payments but I could be way off. I think the landlord knew this was coming and just tried to get whatever money she could get out of someone. To top it all off she just payed this months rent on the 5th!
Unfortunately, some landlords are just jerks like that.
We've had clients who have paid rent for months--none of which the landlord used to pay the mortgage. And then they're evicted
It's sad...of course, then can always sue for moving costs and stuff, but chances are if the landlord is having his home foreclosed, he has no money, so a judgment isn't collectable. Or, the landlord has his properties handled by his corporation, so the landlord isn't personally liable--and the corporation is bankrupt. It sucks
We've had clients who have paid rent for months--none of which the landlord used to pay the mortgage. And then they're evicted
It's sad...of course, then can always sue for moving costs and stuff, but chances are if the landlord is having his home foreclosed, he has no money, so a judgment isn't collectable. Or, the landlord has his properties handled by his corporation, so the landlord isn't personally liable--and the corporation is bankrupt. It sucks
Though we had our home completely paid off it went up in foreclosure due to our business loans . Unfortunatley we had taken our stores on as our own rather than a corporation . Long store short .... we were able to sell on our own , though at a termendos loss and had to take personally bankruptcy . No fun folks !!!! Owning a family owned business during the Kennedy days was no fun!!! When the founders ( Tom's parents ) died we had to pay over $ 100,000 in taxes ... then the resession . Some people just lose their houses ...... some lose everything .
^^^^ Agree !!!!! The house next to me if up for forecloser . The MIL bought the house and spent mega bucks fixing it up .... sales were down so she rented to her daughter and her boy friend . They split , so I guess he didn't pay the rent . I hate an empty house next door and it was completely redone .
Oh, and I definitely agree with the advice to call legal aid...as soon as possible
I currently work at legal aid here
I currently work at legal aid here
In addition to calling legal aid ASAP, I would also suggest finding out who holds the mortage and contacting them. Sometimes--I've heard of it happening--you can make a deal with them, especially if they don't think they can sell it right away.
Hurray for legal aid and the people who work there! We corporate lawyers are often pretty useless on these practical matters.
In addition to calling legal aid ASAP, I would also suggest finding out who holds the mortage and contacting them. Sometimes--I've heard of it happening--you can make a deal with them, especially if they don't think they can sell it right away.
In addition to calling legal aid ASAP, I would also suggest finding out who holds the mortage and contacting them. Sometimes--I've heard of it happening--you can make a deal with them, especially if they don't think they can sell it right away.
I'm still a law student. I graduate in May, but I'm not going to practice law. I'm looking into going back to school next year.