know if the house is for foreclosure and if it is how can we find out and will we be notified ahead of time to find another place?
The banks will work with you and most likely give you the time you need to move out. Just keep the lines of communication open with the listing agent. They will most likely offer you Cash 4 keys too. Just too make things a little easier for everyone.
*Please note that this is general information only, and not to be construed as legal advice
As a tenant, you have some pretty powerful protections even in midst of foreclosure and a bank taking over the property. No one can boot you out overnight, there must be a reasonable amount of notice and in some cases even more than that. If you get any threatening letters or attempts to evict feel free to call me and set up an appointment. It's a free consultation.
*Please note that this is general information only, and not to be construed as legal advice, if you would like a consultation please feel free to call and make an appointment"
Law Offices of Chang & Scolavino, LLC
Paterson and Freehold, New Jersey
973.925.2525
"Criminal, Real Estate, Litigation and Immigration Law"
"Somos abogados hispanos y entendemos sus problemas"
Certified NJ Court Mediators--for Court Mandated Foreclosure
Vanessa: Yes you will be notified by the court or the sheriff's office if the property is taken over and they want you to go. Your landlord may just have been ill or taken a trip. What I would do would be to put the rent moneys in a separate savings account. If he/she (they) shows up, you will not have spent it. If they do not, you'll have a nice little nest egg to fall back on when the times comes to relocate.
While almost all mortgage companies want to have the premises vacated, there is quite a long procedure involved and you have more rights as a tenant than an owner would have. By the time you would be forced to move, you might have a tidy little sum ready to go. While I am not going to say that you should not pay rent for the time you occupy the property, I doubt that you will find any negative repercussions if you do not. The big thing is that I do not know who is paying the utilities and you may find yourself without heat, water, gas or electric. If you control all these things yourself, you should be in good shape until your landlord reappears or the mortgage holder and his representatives show up.
Checking the Lis Pendans in the County Clerk’s office is a good idea but the action may not have been started yet, so you’ll have to keep an eye out for that from time to time.
Check to see if pre foreclosure (lis pendens) has been filed. In most NJ counties you can access this information online through the county clerk's website.
Can you look them up in the phone book, call and check out what has happened?
You can also call your local county courthouse and see if it's up for sheriff's sale.
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