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  • 1 Post By Jess

Thread: Can I get evicted if my landlord is in foreclosure?

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    Default Can I get evicted if my landlord is in foreclosure?

    I'm getting evicted from my landlord i fell behind in my rent,,so the landlord put in for eviction ,wewent through the mediation process an i failed to pay her so she sent the letter of non compliance that had stipulation that if i don't pay back rent in 30 dys i can be evicted with out futhr notice , but the house was in forclosure and it had a sale date of july 26 can the courts evict me if the landlord no longer owns the house

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    Editor Christy's Avatar
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    Default Re: Will the courts be on my side

    Hi Trina,

    Well if you haven't paid your rent then I think uou're in violation of the lease. Who is the owner of the home now? Has it sold to someone else?

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    Editor Matt Meltzer's Avatar
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    Default Re: Will the courts be on my side

    The bank that owns the house could evict you. And if you have a court order forcing you to vacate, then you need to vacate, regardless of who the owner is. Now, would the court go to the trouble of enforcing it without a landlord asking them to? I don't know.

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    Member dylan's Avatar
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    Default Re: Will the courts be on my side

    I know that evictions can get nasty fast so I would not really take many chances I would say do your research quick maybe some legal aide would help as well.

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    Default Re: Can I get evicted if my landlord is in foreclosure?

    I am almost positive they can and will evict you. Banks can do it immediately in a foreclosure, they leave a notice on your front door. Good for you for not paying the rent to your landlord if she was in foreclosure as it was a waste of money and she clearly wasn't paying her mortgage. But now it sounds like time's up for you and I am sure they will ask you to leave. Especially with the history of you not paying rent as you are not a good tenant for the bank.
    dylan likes this.

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    Member dylan's Avatar
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    Default Re: Can I get evicted if my landlord is in foreclosure?

    I agree with Jess I think you need to find a place as soon as possible because some one will be evicting you soon.

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    Travel Advisor fredgarvin's Avatar
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    Default Re: Can I get evicted if my landlord is in foreclosure?

    yup

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    Senior Member Marc Middleton's Avatar
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    Default Re: Can I get evicted if my landlord is in foreclosure?

    Hi,

    As a realtor in South Beach, I see this happens regularly.

    If you didn't pay rent, yes you can be evicted, regardless of the owner's foreclosure status.

    If you did pay rent, you would be evicted eventually because the bank would own the home, sell it, and force you out. However, this would not be an Eviction.

    While its good you didn't pay a sleaze-bag landlord who was pocketing your money, an eviction on your credit will pretty much end any chance you have of getting another place in the area. You'd have to get lucky and find a private owner who doesn't run credit & background checks.

    If the court grants her a judgement against you, it will harm you for 7 years. If she just files a claim against your credit, she has to pay the credit bureaus every 3-6 months to keep that on. And if she's having money problems, you may be able to dispute this every 3 months and get it removed if she failed to pay to update the file.

    This is why we have so many caution threads/articles about renting in Miami because this is so common. Always do your homework when renting a place and use a realtor whenever possible.

    Good luck and I hope your situation ends amicably....


    Marc

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