i have been renting a house for 3 years. i was served papers from the sheriff stating my house is in a heriff sale in november. what are my rights?

Asked by Pam Gorman, Pittsburgh, PA Thu Sep 22, 2011

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Mike Netzel, Agent, Pittsburgh, PA
Tue Oct 9, 2012

Your rights are distinct from your options.
Your rights take time & money typically to enforce.
You are not a party to the foreclosure action.
We have a client closing this month on another bank owned property,
if your looking for a vacancy.

May we discuss some of your options?
a. Buy the property.
You live there, no moving, bank sells at a discount so you get a good deal.
b. Move
The rental market slows in the 4th quarter with holidays,
so action is in your best interest.
c. Buy another property.
What if I could absolutely, definitely, without a doubt or question prove to you
you could own for less than rent?
Mike Netzel
Keller Williams Realty Premiere Team
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Scott Godzyk, Agent, Manchester, NH
Sat Sep 24, 2011
Pam i am sorry to hear such bad news, the worst thing is when a tenat pays the rent and the landlord doesnt use it to pay the mortgage, in most cases when a bank takes over they look to have the occupant vacate the premise. In most cases they will over you cash for keys tio move with a certain amount of time. You should seek the advice of an attorney to protect your irghts and determine how you should proceed with rent payments. the botton line is if this will cause a headache and heartache, moving on is the only way to start over and end the pain.
Web Reference:  http://www.ScottSellsNH.com
0 votes
Susan Blanfo…, Agent, Kettering, OH
Sat Sep 24, 2011
Immediately seek the advice of a REAL ESTATE attorney. This is an attorney who specializes in REAL ESTATE. They are familiar with the real estate laws where in the state where you live. They are the only qualified person who can render the right answer to your question. Good luck
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Erica Ramus,…, Agent, Pottsville, PA
Sat Sep 24, 2011
Call an attorney. Realtors canot give legal advice.
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Dan Tabit, Agent, Issaquah, WA
Thu Sep 22, 2011
I'm sorry for your situation. First, I would call the owner and ask them what they know. Serving notice is a necessary step, it does not automatically follow that the house will be sold. Your landlord may be pursuing options which could keep you in the house for a while. If you speak to them, and they are unaware of their options, encourage them to speak with an attorney or agent.
I would begin to check out other rentals, at least on line. You will be entitled to some time in the house after a foreclosure, if it does happen you will be moving so begin to explore your options.
Finally, your rights are stated in the PA Landlord Tenant Law. I've attached a link to a handbook on the subject. Your situation is not uncommon, so do some homework and be your own best advocate. Best of luck.
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Steven Ford, Agent, Memphis, TN
Thu Sep 22, 2011
Keep paying your rent....I'm not sure if the home is in foreclosure or being sold for back taxes....if it is a foreclosure and you have a lease...then the bank will have to honor that lease...as long as you have done nothing to violate it. What usually happens is that after the home is foreclosed on the bank will offer "cash for keys"...that means they will pay you to go..I have seen that amount be anywhere from 500 to 2000.00 dollars.

It is inevitable that you will have to leave the house at sometime....so be prepared for that. As far as seeing an attorney goes, that might be the course of action when you know who you are dealing with. Until then I would sit tight, pay your rent (keep copies of everything) and wait to be contacted. If someone knocks on the door and tells you to leave...get names and contact numbers...and call a lawyer. Some folks that buy these houses try to bully the tenants...that's illegal. So, don't do anything to get thrown in jail, keep good records and think about the next place you want to live.

Good Luck
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Christopher…, Agent, Methuen, MA
Thu Sep 22, 2011
Pam, I recommend that you contact a local attorney. The laws vary from state to state. I hope it turns out okay for you.
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