Foreclosure in 32824>Question Details

Kelly Jo, Other/Just Looking in Orlando, FL

I moved in March from a home in forclosure, was relieved and been in the new place 6 months, and wouldn't ya know it, I was just served

Asked by Kelly Jo, Orlando, FL Mon Oct 12, 2009

foreclosure papers in this house. Isn't that unreal?

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Answers

5
Kelly Jo,

If you have a lease you are protected!
Keep paying your rent. Don't stop.

FYI-

New Renters’ Rights in Foreclosure

According to Consumer Action, renters must now be allowed to remain in their homes for the duration of their lease – even if the home is being foreclosed on. President Obama signed the Protecting Tenants at Foreclosure Act 2009 (S.896) into law on May 20.

The new law provides renters with a minimum of 90 days notice before a tenant must vacate a property. If a buyer plans to use the property as his primary home, or the tenant’s lease is month to month, or there is no lease at all, the tenant is entitled to at least 90 days notice.

If there is a lease, tenants will be allowed to stay for the duration of the lease before evictions can proceed. If a state offers greater protections to renters, the law allows the stronger protections to apply. These new renters’ rights also apply to Section 8 tenants.

The new tenant protections are effective immediately and expire December 31, 2012

Good Luck,

Phil Moody
2 votes Thank Flag Link Tue Oct 13, 2009
Kelly Jo,

I suggest that you go to the following website for information regarding renters living in foreclosed homes
as this should give you some idea of your rights as you may be able to stay where you are until your lease
expires:

http://www.whitehouse.gov/the_press_office/Reforms-for-Ameri…

This Act establishes protections for renters living in foreclosed homes. Refer to the section titled "Increasing Consumer Protection Related to Housing".

Keep paying your rent, however you should be sure that you have documentation of your monthly payments (cancelled checks or receipts). As Christian Bohyn pointed out, the owner may be working on a loan modification or workout with the lender, in which case the foreclosure proceedings could be stalled and if that is the case, you should receive another notification from the County Circuit Court indicating a "Notice of Filing of Pro Se Answer received from the Defendant" (owner). I also suggest that you contact the foreclosure attorney assigned to the case and that information should be on the original Court Summons Notice and advise them that you are the tenant.

Hope this helps you... wish you better luck in the future!

Suzanne Ogden, Realtor
Charles Rutenberg Realty
(407) 234-1098
sogden2@cfl.rr.com
Web Reference: http://www.suzanneogden.com
1 vote Thank Flag Link Mon Oct 12, 2009
Well, that'll teach you...
No kidding, it's just a sign of the times.
Now this time don't panic, you are protected and you should not worry that you will be out of the house with not sufficient notice.
If you have a valid lease, then this lease will need to be honored by either the new buyer or the bank. Youm ight even get moving money.
The papers that you have been served with are just a formality, giving notice to the owner and to the person living in the home. The owner has 20 days to respond. He might respond, stating that he is working an a loan modification or stating that he is working on a short sale or any other solution. The judge will then give him extra time to work out his difficulties.
What you should do is contact your landlord and ask him what his plans are eventually suggest that he takes some professional advice and meanwhile you should continue to pay rent.
It is sad, but you are safe for the term of your lease.
Hopefully, the landlord will be able to work something out, now that he has a tenant.
You can contact me any time should you have any more questions.
Good luck!
Web Reference: http://www.monkeysold.com
1 vote Thank Flag Link Mon Oct 12, 2009
I feel for you ~ don't sign another lease without requiring the latest mortgage statement & HoA fee statement showing current! You may want to open an account at your bank titled Rent Escrow for Lender so that you can strike a deal with the bank to fulfill the rest of your lease terms. Let me, or any other qualified Trulia professional assist you with your next home search ~ we are here to help!
1 vote Thank Flag Link Mon Oct 12, 2009
Hi Kelly Jo,

Some very good answers here, so I won't repeat the good advice or the adivice you got on your six previous questions on this topic. One thing that wasn't noted is the time frame that the foreclosure process takes these days. If the bank has just filed the papers at the court and that's why you got the notice, then you've doubtless got 9 months to a years before the foreclosure is resolved. Assuming you have a 12 month lease, that gives you 6 more months to sort out a new place.

I noted that you were interested in buying last summer. Have you made any progress on that? There are certainly some terrific bargains out there.

Good Luck,
Mark LeMenager
Weichert, Realtors - Hallmark Properties
0 votes Thank Flag Link Sun Oct 18, 2009
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