Foreclosure in Miami>Question Details

Quiri, Renter in Miami, FL

I rented a home in april1 2010. I found out it is in forecloser on April 25,2010. The landlord rented the home to me knowing she is foreclosing. What?

Asked by Quiri, Miami, FL Tue Apr 27, 2010

can I do

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Its important you contact the lender foreclosing and let them know your a tenant living in the home. The lender may offer you $$$ so that you can relocate, or they may ask that you continue living in the property , so that the property is not abandoned or vandalized. Your still have an obligation to continue paying rent to the landlord/owner. You may contact me directly should you have any further questions.
Dominick Martinez
1 vote Thank Flag Link Tue Apr 27, 2010
I once had the same thing happen years ago. A realtor came to the door one day demanding that he enter my home and look at the condition. I had to push him back out and instructed him to make an appointment. Ultimately I purchased the home from the lender but you have rights if you are currently paid up on your rent. Once the agent came by I held the rent from the landlord and saved it for the lender using it for part of my down payment.
0 votes Thank Flag Link Fri May 14, 2010
i am also going threw the same thing my land lord keeps saying no every thing ok people have been coming all day to see the house there going to auction it off what do i do who do i call
0 votes Thank Flag Link Mon May 3, 2010
Your situation is very common- landlords really dont like to share that with a tenant... They pocket the rent and thats the way it goes...

≈≈≈ Mott Marvin Kornicki, REALTOR® ≈≈≈
Aventura | Bal Harbour | Sunny Isles Beach
≈≈≈≈≈≈ "★” This is the House “★" ≈≈≈≈≈≈
0 votes Thank Flag Link Tue Apr 27, 2010
If you have a lease and you have paid your rent and have proof you have paid it, you have some protection. The lender must give you 90 days to vacate.

At what stage is the foreclosure, do you know? You should be able to make a deal with the lender to stay through the end of your lease.

You should talk to a real estate lawyer. Be sure that any security deposits and prepays are not in danger.
0 votes Thank Flag Link Tue Apr 27, 2010
Dear Quiri,

Sorry to hear you may be a victim of an unscrua pulous owner.

Are you sure the owners is not attempting to get a loan modification? Is the property listed as a "short sale" on Are you showing the house to potential buyers? Have you been served with foreclosure documents notifying you of an "auction" date?

There are certain protections for tenants in foreclosure situations that may allow you to continue living in the house as long as you continue to pay "fair market" rents. If your rental agreement is for "below market" price rent then you may not be able to force the lender to allow to continue living there after the house is foreclosed.

Give us more details about the "foreclosure"... is the courthouse "auction" date April 25th or is this just a "Lis Pendens" preliminary filing?

You may need to seek legal advice before handing over any more rent money to this possibly unscrupulous seller. Lastly is the person you are paying rent to the actual owner on public records? I've heard of thieves renting out places they do not even own. If that is the case, call the FBI immediately! Hopefully they can catch the thief!
0 votes Thank Flag Link Tue Apr 27, 2010
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