Special offer

What happens to the tenants when a property is foreclosed?

By
Real Estate Agent with eXp Realty - Urban Nest Real Estate Group GA# 305421

Atlanta Foreclosures for Sale - What happens to renters when home is foreclosed?

Atlanta foreclosures, list of foreclosed properties atlantaThis question is being asked more and more in this Atlanta real estate market. 

Our on-site closing attorney, Leigh Clack with Neel & Robinson, wanted to share this information with as many people as possible.  Here's the scoop...

Before 2009, a rental agreement / lease was automatically terminated by a foreclosure, and the tenant was expected to move out as soon as possible.

On May 20, 2009, Congress passed the Protecting Tenants at Foreclosure Act as part of the Helping Families Save Their Homes Act, and here are the current rules and protections for tenants (valid through December 31, 2012):

1)  The tenant must qualify as a valid renter:

  • Not the owner or former owner, not a child, spouse, or parent of a former owner;
  • Rent must be close to fair market rent;
  • If the rent is much less than fair market rent, must be subsidized by a government program (such as Sec. 8);

2.     If the new owner (bank or purchaser at the foreclosure sale or afterwards) plans to live in the house, the tenant must be given 90 days notice from the foreclosure date to move out.

3.     If the tenant does not have a written lease or is leasing month to month, the tenant is still entitled to the 90 days notice.

4.      If the new owner (bank or purchaser at the foreclosure sale or afterwards) does not plan to live in the house, the tenant is allowed to stay for the remaining term of the lease.  The new owner would be entitled to all rent and subsidized lease payments.

5.     The new landlord is not responsible for returning old security deposits to the tenant.

6.     The tenant is still responsible for all rental payments and may need to save some payments until the new landlord is identified.

  

Presented by Leigh Clack, Attorney  ::  Neel & Robinson Attorneys at Law, LLC  ::  Atlanta, GA

404-705-3690  or lenox@neelandrobinson.com

foreclosed homes Atlanta, forclosures 

Posted by


Posted by:
  
Kerry Lucasse  ::  eXp Realty ::  Urban Nest Atlanta Real Estate Group

Call anytime @ 404.432.1844

Urban Nest Atlanta Real Estate Group - eXp Realty GA

  

SAY HELLO ON SOCIAL!  INSTAGRAM  |  FACEBOOK  |  TWITTER

In & Around Atlanta Real Estate Blog - Copyright 2006 - 2020 by Kerry Lucasse and the Urbanest Real Estate Group with eXp Realty LLC in Atlanta, GA.  All information contained in this blog is deemed to be reliable but not guaranteed.   If you need assistance with Intown Atlanta real estate, Kerry Lucasse and her team are always available to assist you with your residential real estate needs!

Urban Nest Office :: 508 Flat Shoals Ave ::  Atlanta, GA 30316  :: 404-205-8800

eXp Realty Office :: 1230 Peachtree St :: Atlanta, GA 30309 ::  888.959.9461 x119

Real Estate News & Local Events

Team Honeycutt
Allen Tate - Concord, NC

Thanks for the info.  This is going to be more and more a problem in our area because of the foreclosures and short sales coming.

Sep 16, 2010 09:53 AM
Maureen Fukumoto
Help-U-Sell Realty Pro - Mililani, HI
Maureen

It's nice to see some protection for the tenants. Too many owners took the rent and didn't use it for thier mortgage. It was sad to see tenants who always paid their rent get penalized for an owner's actions.

Sep 16, 2010 10:10 AM
The Elise Bickel Team
ReMax Select Realty - Pittsburgh, PA
Leasing, Property Management and Sales

Very good post. i think this is a must read for all!

Sep 16, 2010 11:02 AM
Kerry Lucasse
eXp Realty - Urban Nest Real Estate Group - Atlanta, GA
Your Urban Nest Atlanta Real Estate Consultant

Thanks so much, everyone!  Right after I graduated from college, the home I was renting was in the process of foreclosing.  Very scary at that time because we didn't have any rights.  I'm glad to see that the situation has changed to protect the tenant.

Sep 16, 2010 06:30 PM
Patricia Beck
RE/MAX Properties, Inc., ABR, GRI, SRES - Colorado Springs, CO
Colorado Springs Realty

I just had a listing that was a fourplex go to foreclosure sale and I wasn't sure what would happen to the tenants since it was bought by someone else at the auction.  Thank you for the helpful information!

Dec 09, 2010 01:18 PM