I am currently renting a home from an owner in Alabama and have been served a summons that it is in foreclosure - how long until I need to move?

Asked by rebeccacothern, Punta Gorda, FL Sun Sep 29, 2013

How can I avoid this happening in the future?

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Tammy Hayes, Agent, Port Charlotte, FL
Sun Sep 29, 2013
Contact the owner to see when you may have to move. When does your lease run out. You can contact a local real estate attorney too, to see what your options are. There is no way to avoid it happening in the future. It could happen to anyone at any time.

Here is the Florida Landlord and Tenants Laws - http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae5…

Tammy Hayes, Realtor
Re/Max Palm Realty
0 votes
Danielle Sha…, Agent, Cape Coral, FL
Sun Sep 29, 2013
It can take 2 years to foreclose in Florida - sometimes less, sometimes more. There are protections in place for tenants (http://edis.ifas.ufl.edu/fy1108). Regardless of the owner not paying their mortgage you will still be obligated to pay rent & comply with the terms of your lease. Have you spoken to your landlord? I would just to keep the lines of communication open.
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Ann Ryan, Agent, Doral, FL
Sun Sep 29, 2013
Rebecca, it really depends on the foreclosure proceeding. Is the homeowner attempting a short sale? Foreclosure can proceed quickly or slowly depending on how your landlord is managing their affairs. Laws are now in place to protect renters, and you generally will have plenty of notice before you need to move. Watch in particular for the proceeding regarding when the foreclosure will be final. You will continue to owe rent to the owner until the date of that proceeding. See if you can come to some sort of agreement regarding your deposit as well.

Before I process a rental in Miami, I always check on whether a Lis Pendens (first step in the foreclosure process) has been filed. This is one of the advantages of renting through an agent rather than a private deal.

Ann Ryan
Keyes Real Estate
0 votes
Mack McCoy, Agent, Seattle, WA
Sun Sep 29, 2013
Darn, Rebecca!

There's no way to tell how long it will take for the property to go up for auction. As far as preventing it from happening again, you really can't - any landlord can stop paying their mortgage, and there's nothing you really can do about it.

All the best,
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