Foreclosure

[melinda waltrip]

Jurisdiction

Texas

If the house we are renting has gone into foreclosure and set for auction on January 3, 2017...can the owner evict us? We received a Notice to Vacate by December 19, 2016. It was taped to our front door this afternoon. Help Please! Thank you.

 

[Michael Wechsler]

Yes, the new owner can evict you and you should probably make plans to vacate as soon as possible. I doubt that any eviction will happen before the holiday although I happened to have witnessed one occurring right before Christmas in a county near New York City. I'm not giving you any guarantees, just stating what many would expect. The judges I've seen generally don't want to throw people out in the street right before the holidays, especially if doing so isn't going to accomplish a great deal. And with filing, etc. it will still take some time. But you should probably make plans to leave as soon as possible.

Even if you can buy yourself some time by forcing the new owner to evict you it's probably something you do not want to do. An eviction means filing in court and it becoming a public record with your name on it. And you may also end up paying market rate for rent during the time you overstayed.

 

[army judge]

If the house we are renting has gone into foreclosure and set for auction on January 3, 2017...can the owner evict us? We received a Notice to Vacate by December 19, 2016. It was taped to our front door this afternoon. Help Please! Thank you.

You, as a lawful tenant with a lease are protected from any eviction for at least 90 days, often until your lease expires.

Most new owners will negotiate "cash for keys".

I suggest you contact the lawyer who placed the notice on your day and say something similar to this:

"Hello, Mr. LAWYER, my name is Tommy Tenant. I have a one year lease at 123 Eviction Lane, Trouble City. You caused a notice to be placed on my door. I'm protected under "Protecting Tenants at Foreclosure Act of 2009" from being forced to move or be evicted.

I have certain protections. Where shall I send my next rent payment? Where can I send you a copy of my lease?"


My Rental Home is in Foreclosure : Fannie Mae
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Foreclosure and Renting to a New Tenant: Tenant Remedies | Nolo.com
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Renters in Foreclosure: What Are Their Rights? | Nolo.com
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What should I do if the house or apartment I'm renting goes into foreclosure?

 

[Michael Wechsler]

Good point - assuming there is a lease. As I didn't hear of the existence of one I assumed there may not have been a lease and should not have.

As to whether or not the cash for keys option exist - that is another good strategy. It would probably work better with the existence of a lease although the new owner may not prefer to evict. I spent a short time dealing with landlord tenant work and it wasn't always predictable. Seeing that Christmas eviction is one that I never thought possible. Depends sometimes upon the judge and whom you may know in the county. Either way, considering a move in the imminent future is probably a prudent way to go.

 

[army judge]

Good point - assuming there is a lease. As I didn't hear of the existence of one I assumed there may not have been a lease and should not have.

As to whether or not the cash for keys option exist - that is another good strategy. It would probably work better with the existence of a lease although the new owner may not prefer to evict. I spent a short time dealing with landlord tenant work and it wasn't always predictable. Seeing that Christmas eviction is one that I never thought possible. Depends sometimes upon the judge and whom you may know in the county. Either way, considering a move in the imminent future is probably a prudent way to go.

Even a month to month tenant is under a lease.
That law enacted in '09 has helped many people.
Lawyers will at least work with them to amicably make the transition.

 

[Michael Wechsler]

Even a month to month tenant is under a lease.
That law enacted in '09 has helped many people.
Lawyers will at least work with them to amicably make the transition.

I didn't realize that the Foreclosure Act included such wide protection. Regardless, rereading the question the renter may have had a lease and just wasn't told by the landlord about the foreclosure. It's not uncommon that a debtor may try to pocket the rent money and leave town. I got out of landlord tenant law quite a while ago and well before what happened in 2008. Thankful to have your vast expanse of knowledge and experience.

 

[melinda waltrip]

We are all Will tenants..month to month right now. A lawyer did Not put the notice on the door..it Was the owner. We are making plans to leave Just wished We had more than 3 days. We really don't want an eviction on our credit. My understanding is its notice to vacate and we don't have to leave by the19th but then they will start the eviction..if we leave before court date will that go on our record?

 

[melinda waltrip]

We are all Will tenants..month to month right now. A lawyer did Not put the notice on the door..it Was the owner. We are making plans to leave Just wished We had more than 3 days. We really don't want an eviction on our credit. My understanding is its notice to vacate and we don't have to leave by the19th but then they will start the eviction..if we leave before court date will that go on our record?

Oh...and the owner is the old owner..who's house was foreclosed on.

 

[army judge]

Oh...and the owner is the old owner..who's house was foreclosed on.

I suggest you talk to a lawyer.
The LL jumped the gun.
A lawyer will give you 20-30 minutes to initially discuss your issue at no charge.
Trust me, it'll be worth your time.

 

[army judge]

I didn't realize that the Foreclosure Act included such wide protection. Regardless, rereading the question the renter may have had a lease and just wasn't told by the landlord about the foreclosure. It's not uncommon that a debtor may try to pocket the rent money and leave town. I got out of landlord tenant law quite a while ago and well before what happened in 2008. Thankful to have your vast expanse of knowledge and experience.

You're welcome, Michael.
Tenant law wasn't my specialty, but these days I do pro bono work with out local Legal Aid Society, for veterans groups, my church, an affiliation of all faith religious groups, and even for charities who assist troubled youth.
It certainly cases you to broaden your interests, because there are so many people with bushels of trouble.