FORECLOSURE

Question Details: IS THERE A WAY FOR ME TO FIND OUT IF THE HOUSE I AM RENTING IS IN FACT IN FORECLOSURE? HAVE RECEIVED NUMEROUS NOTICES IN LANDLORDS NAME TO MY RESIDENCE WHEN I GAVE THEM TO HIM HE BLEW IT OFF BUT WOULDNT SAY FOR SURE IF IT WAS. ALSO HAD TWO CERTIFIED LETTERS FROM SAME COMPANY THAT WERE SENT TO MY HOUSE BUT LANDLORD WOULDNT SIGN FOR

Asked 11/4/2009 under Real Estate | 176 View(s) | More Legal Topics

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Real Estate Law Answers

You can find out if the property is in foreclosure by going to the County Recorder's office and using their computer.  The County Recorder may have the information on parcels of property in a grantor/grantee index.  The name of the current owner of the property will be in that index along with the address of the property and its status such as whether a notice of default has been filed or whether it is in foreclosure.  Notice of default is the first step in foreclosure. 

If the house is in foreclosure you should be aware thst, pursuant to federal law, a lender who takes possession of a property or a new owner who buys the building at auction has to let a tenant stay for 90 days from the sale or the remainder of their old lease, whichever period is longer.  The rules are a bit different if someone is buying the property to live in; in that case, they can terminate a lease with 90 days notice.

Note: That is 90 days from the sale date.  So you have at least 3 months plus.

As for your security deposit, the landlord is responsible for it's return.  See if they will apply it to next month's rent; until title officially passes you are still obligated to pay rent to your landlord (since they are still the legal owner of the property).  Again, stay on top of when the sale date is, after that you can stop paying your landlord. 

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