If my family home is owned by my mom who is selling to avoid foreclosure, what rights do we have as we have as 6 year occupants of the home?

UPDATED: Oct 1, 2022

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If my family home is owned by my mom who is selling to avoid foreclosure, what rights do we have as we have as 6 year occupants of the home?

We were just notified that we need to get out of house soon because my mom wants to sell to avoid foreclosure. The buyer/investor wants us out soon, but we have no where to go and are trying to apply for mortgage. Getting our own house looks like it can happen but it takes time. I have my wife and 4 kids living here and it is stressful and scary not knowing our rights.

Asked on May 22, 2018 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You don't have any rights, unfortunately: it is not your property and simply living in another's space gives you no right to continue living there, just like your personal housing or financial situation has no impact on another person's rights or control over their property.
You are considered "guests" unless you have a lease and are paying rent: guests may only live in property so long as the owner allows them to. Your mother, as the current owner, can ask you to leave now, if her buyer insists on it; or if she does not ask you to leave now, the new owner can ask you to leave the very moment he closes on the home and becomes its owner. (Or if the  sale falls through and the home is foreclosed upon, whomever acquires it in foreclosure, like the bank, can then make you leave.) If you don't leave when requested, they can bring a legal action (traditionally called an action "for ejectment") in the court to have the sheriff remove you.

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