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landlord vs. tenant?
i have been in a rent to own for 10 almost 11 months. yesterday i get a letter in the mail that the house is in foreclosure. what are my rights? the letter stated that the sherriff would be at my house in 2-4 weeks. and that i need to get out of my house. i have been paying my rent on time every month. is there anything that i can do?
6 Answers
- davidmi711Lv 71 decade agoFavorite Answer
You could try contacting the bank and asking them to stop the eviction. A lot will depend on if you have a lease and on your state laws.
- H mom of 3Lv 41 decade ago
I would be calling the owner of the house and let them know that you got this letter and what it stated. Then I would ask him where your rent money is going if it's not going to keep the house paid up to date. Then I would let them know that you thought this was a rent to own deal and your not going to be able to own it now that they have not been paying the mortgage and they are foreclosing on the house. I would ask for the extra amount that you pay each month towards the down payment of the house since you are paying that amount extra to go towards your down payment. Other than calling and confronting your landlord there is nothing else that you can do. Make sure that you are out when they take the house over because if your not then they will bring the police out and kick you out and you will not be able to get any of your belongings due to the bank having posession of the house. The police will give you only like 5 min to get what you want and get out and they could if they wanted to arrest you for trespassing. Good luck
- bkc99xxLv 61 decade ago
Yes, if you are in a position to actually buy the house, you might have enough time to accelerate the deal and buy it from the owner now before it goes to foreclosure.
You need to immediately speak to the owner and find out whatever you can from him. I am actually surprised that you received this much notice. In many instances, you could possibly not know until after the actual sale took place unless the owner decided to tell you.
If you aren't prepared to buy it yet, then the contract you have is with a person that probably has few assets and many debts. You would probably have to sue him to recover any damages or costs that will occur because of his lack of payments. Unfortunately, your damages may be limited based on the lease to own contract you have signed and any provisions it may have concerning default/termination by one party or the other.
So, if you can't buy it yet, you may need to consult a lawyer to get in line to recover the upfront money you put down and any additional rent that was supposed to be applied to the purchase.
Good luck
- STEVEN FLv 71 decade ago
The landlord is the legal owner. HE has not paid the mortgage and is losing the house. YOU have no rights against the lender that is foreclosing. You MAY have a damage claim against the landlord, but they don't appear to have the means to pay such a claim. You can ASK the lender if they will allow you to BUY the house with payment close the your current rent. The actually DON'T want the house, they want their money.
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- 1 decade ago
If you have a lease between you and your landlord it may help. He should have been keeping payments up on the place. Also depends on the laws of your state. If you have a lease check to see if it says anything about the house selling or going into foreclosure. Also, depending on your state, you should have 45 - 60 days to vacate by law.
Source(s): Been to court three times with a bad landlord. Won 2 and waiting to win the 3rd. - Barry CLv 61 decade ago
I suppose if you have a contract to buy, and the seller can't deliver,that you have some sort of a case. But even if you collected a judgment, what can you collect if he has no other resources available or not protected under corporate veil (as is probably the case)?
That is why you talk to an attorney asap.