If the home that I am currently occupying was sold on the courthouse steps 4 days ago, how long do I have to get out of home if I am an non-bona fide tenant?

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If the home that I am currently occupying was sold on the courthouse steps 4 days ago, how long do I have to get out of home if I am an non-bona fide tenant?

My mother is the borrower, but has never lived in the home. Do I have any rights at all? I am here with my 2 children, and I don’t know if I will have to leave right away (which will be nearly impossible)? Will I have 60 days, 3 days or what? The house was sold back to the bank. Is there any way I can continue to stay here and pay rent to the bank? I am desperate for answers.

Asked on October 6, 2012 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, if you are not a tenant, you have no rights to reside in the home--you technically need to be out immediately, since the person from whom you received permission to live there from, your mother, no longer has any rights to the home, including to let you stay there. Practically, you will have to leave when the new owner asks you to; if you do not leave on request, the owner will be able to file an ejectment action against you. While you can wait for that action to be heard in court, which will buy you a few more weeks or months (depending on how crowded your local court calendar is), that is not advised--if you allow the action to go forward, you will have an eviction on your record and also could potentially have to pay the new owner's court costs or filing fees. Therefore, if at all possible, you should leave when the new owner--the bank--asks you to go.

Nothing stops you from asking the bank if you can rent from it, but the bank does not have to do this--it's voluntary on their part.

 


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