Rental Basics in Newington>Question Details

Sigrid Lewis, Other/Just Looking in Georgia

my sister who is disabled (stroke victim) rented (no lease) guest house from landlord who resided next door

Asked by Sigrid Lewis, Georgia Mon Nov 17, 2008

the landlord (owner) moved to FL and put entire property up for sale with real estate agency (guesthouse included) My sister was made aware that owner has not made mortgage payments (told my sister to stop sending rent checks) and may file bankruptcy and bank is ready to foreclose on property due to nonpayment-what can my sister expect when foreclosure proceedings are started? I am her caretaker and would like to know how much time I have to find her another place to reside and if she has any other options other than waiting for the axe to fall? The property is still listed with real estate and guesthouse is advertised as extra rental income for buyer but can my sister be evicted by bank? Please help with any info -

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Dan Ross, SFR’s answer
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This is tricky. Derek has a valid point about being proactive. Without knowing where in the process the foreclosure is, its hard to give you a time line. You can check with your count court calendar and check to see the progress of the case. That should give you a sale date. You could also find the banks attorney info there. Call him/her and explain your situation and ask if you can get a status and likely sale date.
After the house is sold, if it sells at auction, it will be up to the buyer what happens next. They may choose to continue renting or they could choose to evict. I don't know what the local laws are for this, that'w where you attorney can best advise you on what a buyer could or couldn't do.
If it doesn't sell at auction, then it is up to the foreclosing bank to decide to rent or evict. Again, this is based on the local laws that pertain.
To summarize, find out what you can about the forclosure and the likely timing, as well as seeking legal advice on what your rights are when that process runs its course.
IAre you or your sister in a position to buy the main house and rent it out? It would be the best way to control the situation.
Web Reference: http://www.danrossre.com
0 votes Thank Flag Link Mon Nov 17, 2008
This is tricky. I have heard a lot of stories like this and they always ended differently. I would start looking for her a place now. You need to talk to an attorney to see what your options are. The past cases for this have went in a lot of different directions. I have read about cases where the renter had rights and was handled with care. I have also read about cases where the renter was left out in the dry. Start finding her a place now so when push comes to shove you will not have to make a decision at the blink of an eye. Be proactive and not reactive.
0 votes Thank Flag Link Mon Nov 17, 2008
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