[jbravo]

Well, everything will be alright as I am sure that we have hit a bottom as so many here promised.
So, everyone should stay in their houses until this "froth" blows over.

[PropWash]

Originally Posted by floridasandy

you will want to read this:
The Klein Law Group - A Florida Tenant's Guide to Foreclosure

Thank you very much!

I read the article and based on that, I feel somewhat better about getting at least the 1-year out of my lease that I had to pay so much in advance for.

(My boss paid for the move and we were able to retain any savings, but the real estate agent and landlord took $4500 up-front!)

DO real estate agents stand in jeopardy of facing a hearing if they are reported?
My wife is a licensed RE agent in VA, and if they pulled a stunt like this here, they'd be called before a board and suspended.

[FlaLadyB]

Originally Posted by PropWash

Well, perhaps I'm about to find out, because I was in my newly-leased home for less than 24 hours before my R.E. agen knocked on the door to tell me the owner was "giving the house back to the bank."

(Does this mean "foreclosure" in Florida speak?)


FlaLabyB: I read our other thread here and you are now one of my newest friends!

I plan on retaining an attorney and squeezing the entire year out of my lease.
I'll pay my rent on time every month and not give the landlord any loophole for eviction.

The real estate agent (can no longer call him "my" real estate agent) told me that since I paid 1st, last and security plus a pet deposit, that I could "stay for 3 months, then live for free until the bank assumed possession."

I think this is a bad idea. Do you?
I have a contract to pay a monthly lease payment and if I continue to pay - no matter what - I would assume that I would not be breaking the terms of the lease.

Opinions?

You DO legally have to continue to pay per your lease. It's a binding contract. YES ...definately go to an attorney. NO you can not live rent free for 3 months ---where did your agent get that from? ---and then live rent free. The owner CAN do an eviction and you DO NOT want that on your credit.

I did start a new thread on this particular point - tenants and landlords.

One good piece of news I just heard from a tenant who did go to court and faced off their landlord- THEY WON! They got back a good portion of their rent and where allowed to end the lease with 30 days to vacate.
YEA!!

When a landlord does that to a tenant and KNOWS they are in foreclosure I call that fraud! Getting out is another thing. I have an addendum I add to my leases that says the owner is paid up in everything. I am now going to add that if during the tenancy they go in to foreclosure the tenant has a right to terminate the lease with a 30 day notice. Doesn't mean anyone will get their money back, (not going to happen) but it means they can get OUT and not continue to be stuck in a lease paying the smuck who isn't paying his mortgage but sucking money from unknowing tenants.

Yes..I get a bit carried away for doing the right thing.....

[FlaLadyB]

Originally Posted by floridasandy

you will want to read this:
The Klein Law Group - A Florida Tenant's Guide to Foreclosure

Personally I didn't find that any more helpful than what people already know. In fact, the tenant gets a notice slappled on their door- or in their face (several actually) way ahead of just before the house goes on the block.

Nothing in that -advertisement- told a tenant what they can DO about it. That is the question. I guess that $200 fee mentioned at the bottom might answer a few.

[floridasandy]

if the landlord is in foreclosure (which i do not know whether the tenant got a foreclosure notice or if this was just the owner trying to give the house back to the bank) the tenant has rights.
If the Landlord Does Not Comply
Section 83.56 (1), F.S.

You may be able to withhold rent if your landlord fails to do what the law or rental agreement requires. You must however, announce your intentions in writing by mail, preferably certified, at least seven days before the rent is due to allow time to remedy the problem.

If the problem is not corrected within the seven days and you withhold the rent, the landlord may take you to court to collect it. Under these circumstances, you must pay the rent into the court registry, pending the judge's determination in the case.

[SLCPUNK]

Originally Posted by SLCPUNK

I'm not claiming it's always that long, but depending on the area, it can approach 24 months before they get somebody out. My last house I sold, is in foreclosure now, they have been in the house 10 months without paying a dime. They all have new cars now too...

Interesting to revisit this thread. Last week I received another notice, of their hearing for summary judgment. They are still living in the house and have since Feb 07. From what I understand, they've only made one payment, right after they moved in.

Like I said earlier, they have a new Cadillac, Excursion, and Saturn in their drive way, but aren't paying their mortgage.

[PropWash]

Well, here I am - one year later and we are still in our leased house.

The house foreclosed in late Aug.
The landlord/owner challenged the bank, so our move was delayed and despite everything we kept paying rent.

Then in late Oct. his challenge was dismissed, and we received a notice of auction for Nov. 16th.
We dropped-in on the auction at Vero Beach city hall and nobody showed-up but the bank rep.

Then we received a notice that the bank now "officially" owns the house.

So we are at the end of month #13 - I was able to stay beyond my lease, which was my original goal ... when the real estate idiots informed me on Day 3 that my house was "being bought back by the bank."

Now, I'm wondering if I have 90 days to vacate, based on the May '09 Foreclosure Laws that Pres. Obama signed into law.

Or if my 90 days started on the date of foreclosure?
Or if it began on the day the bank took possession?
Or if it begins on whatever day I receive a notice of eviction?

I was month-to-month when the landlord challenged, so I would assume we would only start the 90 days on the date of notice.

We have been saving in order to try to buy the house. If we are allowed the additional 90 days, we'll have enough for the down-payment!

[mango23]

Originally Posted by PropWash

Well, here I am - one year later and we are still in our leased house.

The house foreclosed in late Aug.
The landlord/owner challenged the bank, so our move was delayed and despite everything we kept paying rent.

Then in late Oct. his challenge was dismissed, and we received a notice of auction for Nov. 16th.
We dropped-in on the auction at Vero Beach city hall and nobody showed-up but the bank rep.

Then we received a notice that the bank now "officially" owns the house.

So we are at the end of month #13 - I was able to stay beyond my lease, which was my original goal ... when the real estate idiots informed me on Day 3 that my house was "being bought back by the bank."

Now, I'm wondering if I have 90 days to vacate, based on the May '09 Foreclosure Laws that Pres. Obama signed into law.

Or if my 90 days started on the date of foreclosure?
Or if it began on the day the bank took possession?
Or if it begins on whatever day I receive a notice of eviction?

I was month-to-month when the landlord challenged, so I would assume we would only start the 90 days on the date of notice.

We have been saving in order to try to buy the house. If we are allowed the additional 90 days, we'll have enough for the down-payment!

I know nothing about this but since a lot is being done on the fly. I would not be surprised you could not make a deal with the bank to stay in the house and pay them rent. They are making up the rules as they go along anyway it almost seems. Who knows how long you may be able to stay.

[SoFLGal]

Originally Posted by PropWash

Well, here I am - one year later and we are still in our leased house.

The house foreclosed in late Aug.
The landlord/owner challenged the bank, so our move was delayed and despite everything we kept paying rent.

Then in late Oct. his challenge was dismissed, and we received a notice of auction for Nov. 16th.
We dropped-in on the auction at Vero Beach city hall and nobody showed-up but the bank rep.

Then we received a notice that the bank now "officially" owns the house.

So we are at the end of month #13 - I was able to stay beyond my lease, which was my original goal ... when the real estate idiots informed me on Day 3 that my house was "being bought back by the bank."

Now, I'm wondering if I have 90 days to vacate, based on the May '09 Foreclosure Laws that Pres. Obama signed into law.

Or if my 90 days started on the date of foreclosure?
Or if it began on the day the bank took possession?
Or if it begins on whatever day I receive a notice of eviction?

I was month-to-month when the landlord challenged, so I would assume we would only start the 90 days on the date of notice.

We have been saving in order to try to buy the house. If we are allowed the additional 90 days, we'll have enough for the down-payment!

I'll let you in on a little known fact. The next probable thing that will happen is a Realtor will come to your home and offer you cash to move out and leave the home "broom swept". This is what is referred to in the business as CFK or Cash for Keys. The amount various.

If you want to DM me. I'll give you scoop on the procedure. It might be helpful to know how it works.

[FlaLadyB]

Just for basis info to renters - if you are on a month to month rental you can LEAVE with only a 15 day notice to the Landlord. Not 30 or anything else.

Up to you if you want to stay in a house that is in foreclosure and pay rent not knowing what is happening next or find someplace where you can live in peace.