Foreclosure in North Port>Question Details

Michael, Other/Just Looking in North Port, FL

We are tennants of a property that has just entered into foreclosure, is there any way we can determine the

Asked by Michael, North Port, FL Tue Jan 20, 2009

timeline of this process so we can get a more accurate date of when we need to move out of the property? Bad situation, we have been paying the lease payments and the owner hasn't paid a mtg pymt for almost a year. We have contacted the atty on the notice of foreclosure but all we get is "30 to 60 days". We have two small children and need to how to proceed from here. I just don't want to be blindsided and be told to leave in a week.

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Hi Michael,
I am so sorry to hear this. Contact the clerk of court that Roxanne and Shannon provided below, they will have the docket on when it will be foreclosed on. Roxanne and Shannon our correct with you getting a 3 day notice to vacate, so I would start to find a new place asap. We do not have a redemption period after a forclosure in the state of Florida, once the house is forclosed on it is done.
I wish you the best,
Nancy

Nancy Doyle
http://www.nancydrealtor.net
239-209-2237
1 vote Thank Flag Link Tue Jan 20, 2009
The bank IN MOST INSTANCES will forward correspondence potentially hand deliver a notice family living on property. Lenders MAY offer cash incentive if you vacate prior legal eviction proceedings. HOWEVER some families who thought "they could ride out" returned home locks changed, personal belongings removed from home. Most tenants or families rather not risk this. Sorry hear this.
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Tue Jan 20, 2009
This is happening more and more...landlord's getting foreclosed, losing the house but keeping the lease payments. Don't get confused...legally you owe the rent regardless of what the landlord does or does not do with his lender.

As far as the time line goes...

Th lenderk can not start the eviction process until the redemption period expires. After the redemption period expires, the bank's make their move to evict. You see the bank doesn't really fully own the property until after the redemption period...so they have no legal standing to evict until then.

Do a Google search for "redemeption period Your State"...see what comes up. That is the number of days after the sheriff's sale, you have before eviction can start.

Good Luck!
0 votes Thank Flag Link Tue Jan 20, 2009
Hi Michael,

This is an unfortunate situation that we are seeing over and over. My partner and I live and work in North port and would be happy to help you with any questions. If it says 30-60 days then I would assume that is correct. You can follow the process on what paperwork has been filed on the Sarasota Clerk of the Court website: http://www.clerk.co.sarasota.fl.us/oprapp/oprinq.asp Once the eviction process begins you will usually have around 30 days and the last three days of that time a sheriff will come and place an official eviction sticker on the front door.

As Stacey said, I would start to make arrangements to move into another home. We can help you find another rental is that's the direction you are leaning. There are a lot of different options-give me a call or email.

Roxanne Moore, Realtor
Re/Max Anchor Realty
North Port/Port Charlotte, FL
941-626-3926
twomoores19@comcast.net
0 votes Thank Flag Link Tue Jan 20, 2009
How much longer do you have on your lease? Are there any items discussing this process in case this happens?? Usually the process can take 3-6 mos on a whole, once in forclosure status is can be 30-90 days. It all depends on how fast the bank is planning to move. The best advice I can give you is start looking for another home now, dont wait for the ball to drop....can you perhaps purchase the house from the bank?
0 votes Thank Flag Link Tue Jan 20, 2009
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