U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Florida > Miami
 [Register]
Miami Miami-Dade County
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
 
Old 03-04-2009, 01:29 AM
 
Location: Homestead, FL
2 posts, read 5,499 times
Reputation: 15

Advertisements

I am a tenant, and the house where I am living in is under foreclosure proceedings. In the past, I was notified by the court about some of the proceedings. However, the court issued an ORDER OF DEFAULT on Feb. 2/09 of which I learned through the Miami-Dade Court website.

Please, would someone tell me what to expect, and within what time frame?
By the way, don't tell me I am on borrowed time --I know I am! The thing is I stopped paying my rent this month, and now I am trying to continue living until the end of March on my security deposit which my landlord said he won't be able to return. You see, he filed for bankruptcy...

Specifically, I need to know:

a) whether I will receive any further notice from the court telling me how much time I will have to vacate the premises; or
b) whether the sheriff would give me a reasonable period of time to vacate; or
b) whether the sheriff would just appear at my door to order me to vacate at once.

If I fall within options a) or b), please indicate how many days I would be given to abandon the premises.

Thanks in advance for all your help!
Reply With Quote Quick reply to this message

 
Old 03-04-2009, 07:09 AM
 
Location: America
6,704 posts, read 10,848,729 times
Reputation: 1816
Friend of mine handles foreclosures for a bank. He would usually offer the people in the home money to leave so they don't tear the place apart before they vacate. I believe you also have about 30 days to find another place. I hope you are not still paying rent, save that money so you can find another place when the time comes. Start looking now by the way.
Reply With Quote Quick reply to this message
 
Old 03-04-2009, 05:23 PM
 
3,856 posts, read 2,467,895 times
Reputation: 551
Quote:
Originally Posted by Aniushka View Post
I am a tenant, and the house where I am living in is under foreclosure proceedings. In the past, I was notified by the court about some of the proceedings. However, the court issued an ORDER OF DEFAULT on Feb. 2/09 of which I learned through the Miami-Dade Court website.

Please, would someone tell me what to expect, and within what time frame?
By the way, don't tell me I am on borrowed time --I know I am! The thing is I stopped paying my rent this month, and now I am trying to continue living until the end of March on my security deposit which my landlord said he won't be able to return. You see, he filed for bankruptcy...

Specifically, I need to know:

a) whether I will receive any further notice from the court telling me how much time I will have to vacate the premises; or
b) whether the sheriff would give me a reasonable period of time to vacate; or
b) whether the sheriff would just appear at my door to order me to vacate at once.

If I fall within options a) or b), please indicate how many days I would be given to abandon the premises.

Thanks in advance for all your help!
You might want to consider contacting someone with legal experience and knowledge about bankruptcy. Once a person/entity files bankruptcy, depending on what type of bankruptcy they file, I think their property becomes property of the bankruptcy estate. What date did your landlord file bankruptcy?

I think it's very possible that you will still owe the rent money to the bankruptcy estate. IMO these things are a bit complicated. You might want to consider calling the Legal Services office in Miami....they're like Legal Aid...therefore you might be able to get the legal information you need for free or for a very, very low fee .

I don't think you can live in the house without paying the rent, even if you did pay a deposit. When the landlord filed bankruptcy, I think all the assets and property of the landlord became property of the estate.......your landlord no longer controls the property or money, and ultimately if the bankruptcy continues you ultimately may likely have to pay that rent anyway -- probably the bankruptcy trustee would seek payment of the rent from you.

I really would strongly suggest that you try to contact an attorney with Legal Aid Services about this.

Did the landlord start any sort of eviction proceedings against you, or did he tell you that you had to be out by a certain date?

Just my guess, but I don't think the situation is as simple as it may appear on the face of it.
Reply With Quote Quick reply to this message
 
Old 03-04-2009, 05:36 PM
 
Location: America
6,704 posts, read 10,848,729 times
Reputation: 1816
Quote:
Originally Posted by Austin13 View Post
You might want to consider contacting someone with legal experience and knowledge about bankruptcy. Once a person/entity files bankruptcy, depending on what type of bankruptcy they file, I think their property becomes property of the bankruptcy estate. What date did your landlord file bankruptcy?

I think it's very possible that you will still owe the rent money to the bankruptcy estate. IMO these things are a bit complicated. You might want to consider calling the Legal Services office in Miami....they're like Legal Aid...therefore you might be able to get the legal information you need for free or for a very, very low fee .

I don't think you can live in the house without paying the rent, even if you did pay a deposit. When the landlord filed bankruptcy, I think all the assets and property of the landlord became property of the estate.......your landlord no longer controls the property or money, and ultimately if the bankruptcy continues you ultimately may likely have to pay that rent anyway -- probably the bankruptcy trustee would seek payment of the rent from you.

I really would strongly suggest that you try to contact an attorney with Legal Aid Services about this.

Did the landlord start any sort of eviction proceedings against you, or did he tell you that you had to be out by a certain date?

Just my guess, but I don't think the situation is as simple as it may appear on the face of it.
none of that is true. She/he does not have a contract with anyone other than the landlord and that is the ONLY person she/he owes. Florida has laws when it comes to eviction and they can not just kick that person out. Once the Sheriff comes and serves the foreclosure notice the person occupying the place has 30 days to get out. A friend of mine does this for a living. Banks have been sending people out to the homes and offering the tenants money to leave before the sheriff even comes. Reason being is they dont want the tenant to demolish the house before they leave. The only thing you were right on is the part about the landlord and still paying that person. I would speak to the landlord to see if he will give you grace on paying so you can get the money up to leave. The only other thing I could say is, if you rent a house again have a contract drawn up that will protect you incase of foreclosure, that they have to give you fare warning or maybe even a no pay clause or that the money you pay must go to the mortgage and not to water polo. I would get a lawyer to handle that side of things though.
Reply With Quote Quick reply to this message
 
Old 03-04-2009, 05:55 PM
 
3,856 posts, read 2,467,895 times
Reputation: 551
Quote:
Originally Posted by Wild Style View Post
none of that is true. She/he does not have a contract with anyone other than the landlord and that is the ONLY person she/he owes. Florida has laws when it comes to eviction and they can not just kick that person out. Once the Sheriff comes and serves the foreclosure notice the person occupying the place has 30 days to get out. A friend of mine does this for a living. Banks have been sending people out to the homes and offering the tenants money to leave before the sheriff even comes. Reason being is they dont want the tenant to demolish the house before they leave. The only thing you were right on is the part about the landlord and still paying that person. I would speak to the landlord to see if he will give you grace on paying so you can get the money up to leave. The only other thing I could say is, if you rent a house again have a contract drawn up that will protect you incase of foreclosure, that they have to give you fare warning or maybe even a no pay clause or that the money you pay must go to the mortgage and not to water polo. I would get a lawyer to handle that side of things though.
Sounds like the bankruptcy court is now involved in this. It's not just a foreclosure issue. People FILE bankruptcy in order to save homes from foreclosure. Filing bankruptcy will STOP a foreclosure action for a certain period of time, in order to give the debtor time to complete all the paperwork for a bankruptcy plan.....some bankruptcies involve the payment of debt over a 60 month period of time, and other bankruptcies I think liqudate everything and pay creditors as much as possible. There are of course exemptions for some assets or a certain dollar amount for debtors. When someone files bankruptcy, their property/assets become property/assets of the bankruptcy estate and there is a trustee for that estate. Then the creditors and debtors get to fight it out in bankruptcy court to determine how much money is paid out to creditors from the amount of money which can be obtained by the debtor. If this person's landlord has filed bankruptcy, then the home he/she lives in and the deposit money is now part of the bankruptcy estate. The landlord no longer has the right to say what happens with the deposit nor how long the person can live in the property. If the landlord were to try to deal with these things outside of the bankruptcy plan, then the landlord would not succeed in bankruptcy court and the case would be dismissed. Then the landlord would be right back where he/she started, and then it would be between the entity forclosing and the landlord........probably the entity forclosing on the property would deal with the tenant, and that, indeed, might be much better for the tenant, if NOT better for the landlord.

Bankruptcy court has the power to STOP a foreclosure, right up to five minutes prior to the sale. In this case, if the landlord is in bankruptcy, that just complicates things more for the tenant.

If a person had some sort of contract with the debtor prior to the filing of a bankruptcy, it might give them some protection. However, I think once a bankruptcy is filed all those issues have to be resolved within the bankruptcy court under bankruptcy laws.

I know someone who had almost the exact same issue. The difference was that this person was living in an apartment and the owner of the building filed for bankruptcy. The tenant ended up in bankruptcy court and had to work with the trustee regarding paying the past due rent.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2011 data
Loading data...

123
Hide US histogram

Over $89,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Florida > Miami

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top