Foreclosure in 33024>Question Details

Amazing, Renter in 33024

How long does a tenant have before she is evicted by association, after association forecloses on a property?

Asked by Amazing, 33024 Tue Jul 19, 2011

My mother rented a property from owner who did not submit application to association because it turns out that only the owner can live on the property and on top of that, the property was in foreclosure proceedings. (auctioned today 7/19/2011). The association purchased the property and does not want to allow my mother to stay and they want her out even if she has a one year contract (now 7 mths left).

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Dear Amazing,

I believe as long as your Mom's lease is at a normal market price (it's not super low compared with other rentals) then she can continue to stay until her lease expires. She may have to hire an attorney or she may be able to just send a letter referencing the State Statues or Laws (State and Federal) that specifically state that a tenant can stay after foreclosure and send that letter to the Board of Directors of the Association. She should also attend the next BOD meeting to tell them she will now be paying her rent to the Association and that she would like to stay until the first mortgage eventually forecloses. Should the 1st mortgage foreclose, they may offer your Mom a Cash for Keys incentive that may help her to relocate. It could be a couple of thousand.

Hope this helps and so sorry your Mom was a victim.

All the best,
1 vote Thank Flag Link Wed Jul 20, 2011
In all fairness, not all landlords use realtors and many of them are good ethical people. Just because this guy was a bum doesn't mean all are.

Tchaka Owen
Keller Williams Realty Professionals
1 vote Thank Flag Link Wed Jul 20, 2011
In 2009 Federal protection was enacted for tenants so they would not be unduly harmed by foreclosure. Most leases would be and can be immediated vacated until this legislation. The federal legislation protects the tenant for up to the length of the lease or 90 days if month to month. If the new owner is to occupy the property then they can give 90 days notice. However, since your mother signed an illegal lease to the association - you will need to speak to an attorney asap to make sure that she is still protected by this federal legislation.
1 vote Thank Flag Link Wed Jul 20, 2011
Oh and after the foreclosure auction it is not until 10 days "after" that the Certificate of Title is issued to the Association.

Go and hire an attorney or do a lot of research on tenant rights after foreclosure on Google so you can find the exact laws to protect your Mom. Alternatively if your Mom qualifies, she may be able to contact the Florida Bar Association in Broward County for free legal advice and an attorney to help her.

Good luck!
1 vote Thank Flag Link Wed Jul 20, 2011
It would be a Great idea for her to talk to the association.

Normally, the only reason an association has to foreclose on a property is so that THEY can rent it and get some income from the property.

Debbie Albert, PA
Keller Williams Realty Treasure Coast
1 vote Thank Flag Link Wed Jul 20, 2011
Given that Florida is a tenant-friendly state, your mother could potentially remain there for 5 or 6 months. In my opinion, the best thing is for her to work something out with the Association. Does the owner owe her money? Will she go after it? Will the Association help her move? Does she want to sue to have her contract honored (though that might not be a good idea)? If she are unyielding, your mom should look for a new place and be out within the next month or two.

Tchaka Owen
Keller Williams Realty Professionals
1 vote Thank Flag Link Tue Jul 19, 2011
She could have a few days to 30 days. Only the court system in her area can determine that. You may want to talk to the association & an attorney. I'm so sorry to hear this happened!
1 vote Thank Flag Link Tue Jul 19, 2011
My heart goes out to your Mother!! The best advice I can give you is for her to contact an attorney.

Kathryn Kramer
First Service Realty
Phone: 954-298-8544
0 votes Thank Flag Link Sun Aug 4, 2013
For that specific case an attorney shall be retained. That's my best advise.
0 votes Thank Flag Link Wed Jul 11, 2012
if she had used a real estate professional this situation should have NEVER developed. No reputable licensed realtor would dare put someone in a condo that did not allow doesnt look good since probably the owners dont have any money so if you sued them what would you get? IF she DID use a realtor i would complain to the Board of Realtors, FREC, and also the Dept of Business and Professional regulation, and she might possibly be able to collect from the VICTIMS FUND......... god bless and good luck!!!
0 votes Thank Flag Link Wed Jul 20, 2011
It depends, I suggest you hire an attorney to fight for you.
0 votes Thank Flag Link Wed Jul 20, 2011
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