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Nadine Cius

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My Landlord Has Been Foreclosed On, What Should I Do?

December 22nd, 2009


My landlord has been foreclosed on, what should I do?  When foreclosure occurs, the landlord loses all rights to the property.   This  terminates the landlord-tenant relationship, which means the lease contract is terminated at the time of foreclosure.   The lien holder is now the owner of the property.   

The federal Helping Families Save Their Homes Act of 2009, gives tenants the right to stay in the home for 90 days after foreclosure or through the term of their lease unless the property is sold to someone who will occupy the home. The Act became effective May 20, 2009, and will expire at the end of 2012.  If the new owner will live in the home, the lease can be terminated with 90 days written notice. 


At minimum you will have 90 days after the foreclosure to remain in the home, as long as you are current on your rent and have not breached your rental agreement.   You should contact the trustee directly for direction on who to pay.  You should have your rent money available, but do not pay anyone until you hear from the Trustee or lien holder.  Even if a management company is involved, the management agreement with the foreclosed owner would no longer be valid. 
Hopefully, you can use that  time to locate another residence.  In any event, you should seek legal counsel if you do not hear from the Trustee or lien holder, receive a notice to vacate or the locks are changed.

 


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Disclaimer : The views and opinions expressed in this blog are those of the author and do not necessarily reflect the official policy or position of the Houston Association of REALTORS®

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