GA law and tenants in foreclosed bank-owned homes! help! - Georgia - Page 4 - City-Data Forum

rcsteiner · 05-30-2011, 01:14 AM

Quote:

Originally Posted by twowolves

Where did I say I 'loved' the house?
This is what I said: We really like the house and will wait and see what happens.

Yes. You went out of your way to say that twice in this thread. There did appear to be some level of attachment.

JosephineBeth · 06-01-2011, 07:30 AM

I agree with the other poster who said try cash for keys. My ex was just in this situation - the duplex he had been living in was foreclosed on and auctioned but not bought at auction. He was in CA though so there are additional rules beyond Obama's that come into play.

He had left a $3000 deposit for the place since he had bad credit when he moved in. Turns out all the rent he'd been paying for almost a year the guy was not using to pay the mortgage - and of course this was something he did not know. Honestly I think if a landlord knows he is about to get foreclosed on the honest thing to do is at least tell the tenant. Maybe it is not a legal requirement but, to me, it's just common decency. It's very scary (he had lived there 6 years) to all the sudden wake up to the pounding of the banks guy putting foreclosure auction signs on the garage and taping them all over the windows. Not to mention humiliating since many people in the neighborhood probably thought he owned the home!

So I can relate to the tenant but I still think he could be a little more accomodating. The bank offered my ex cash for keys to leave - he too said he knew his rights - and he got $4000. In the end he wasn't out to turn a buck (he was getting back his security deposit plus $1K for all the headache) and he thought that was decent and he vacated. He let them show the house while he was in it but made it clear that he expected notification and that he was in the middle of move out and would try but there would be boxes, packing tape, and the general chaos of moving so it was not house beautiful.

IMHO try money - if he gets enough of it to make it worth his worthwhile he might be willing to go.

Sunny_Isles · 06-02-2011, 09:55 AM

How long has the tenant lived there? In my 20s a boyfriend rented a carriage house, and within two months the owners sold the house and the new owner told him he had to move almost immediately. He had just moved everything and paid to have all of the utilities turned on.

Having a difficult time finding a place to move would make a tenant more anxious. Maybe one of the couple has lost their job or taken a new one that pays less. That's affecting many people. Maybe they need to have a specific location within a certain school district so that their children can remain in their current schools. That's a big deal for families.

It's a lot harder to move with a family than it is as a single person or couple without school-age children. And you don't really know what the landlord or tenant has really done. Keep in mind the story someone else posted about not giving a tenant two extra weeks to move resulting in vandalism. More than being "right" about this problem you want to get the house and in proper condition. Keep your focus on that goal.

confused1979 · 05-06-2014, 05:12 PM

We have been renting our home for almost two years. We have received so many official notices on our door and in the mail for the owner and have brought it to th he realtor attention on many occasions. And we were always told it's being taken care of and not to worry. Fast forward to a few days ago I saw notice t hat the house was being sold...! I found out on May 1 and the auction was on May 6. The very next day we notified the realtor who advised us to continue paying rent, these things get cancelled at the last minute all the time. Having a little legal sense, I informed her I would consult with my attorney. My attorney advised me to contact the lender and NOT to give the realtor any more money. But when I called the bank they referred me back to the landlord they wouldn't confirm or deny the sale of the home. I don't want to blemish my good rental history but I don't want to continue paying all my money and have to leave at a moment's notice, it's expensive to move. Do I wait for someone to contact me, who do I call?

Sunny_Isles · 05-07-2014, 11:50 AM

Quote:

Originally Posted by confused1979

We have been renting our home for almost two years. We have received so many official notices on our door and in the mail for the owner and have brought it to th he realtor attention on many occasions. And we were always told it's being taken care of and not to worry. Fast forward to a few days ago I saw notice t hat the house was being sold...! I found out on May 1 and the auction was on May 6. The very next day we notified the realtor who advised us to continue paying rent, these things get cancelled at the last minute all the time. Having a little legal sense, I informed her I would consult with my attorney. My attorney advised me to contact the lender and NOT to give the realtor any more money. But when I called the bank they referred me back to the landlord they wouldn't confirm or deny the sale of the home. I don't want to blemish my good rental history but I don't want to continue paying all my money and have to leave at a moment's notice, it's expensive to move. Do I wait for someone to contact me, who do I call?

In the case I mentioned above, as soon as the new owner took possession of the home he gave my boyfriend what was legally required by law in our state for a tenant-at-will (at the time), which was two months notice. So, that might be the law in your state, as well. You should check it. Is your lease null and void if a new owner takes possession of the home or is it still in effect? Check your lease and your law in your state. If the lease is voided then find out what the law is if you become a tenant-at-will. It's unlikely you'd have to move "at a moments notice," unless you consider something like two months "at a moments notice." Be proactive in finding out the law on your own. You can search online for your own "Official Code of _<state>_" and find the relevant statute.

Otherwise, you could take advantage of the terms of legally breaking your lease, if possible, and just move. That might be costly, but if possible it might be worth it for peace of mind. Given that it's listed as "for sale" you might be able to negotiate a new lease with more favorable terms for you because it's probably going to be more difficult for them to rent it out with a "for sale" sign in the front yard. The only reason that didn't happen in the scenario with my boyfriend years ago is they his was "for sale by owner" and there was no sign. It was a huge home that didn't need they type of advertising to sell, and he rented the carriage house in the back.