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Does tenant need to vacate foreclosed home?

Does tenant need to vacate foreclosed home?
 
Does tenant need to vacate foreclosed home?
- Apparently not.
There are lots of misleading and tricking information out there but the law says the tenants’ rights are protected as long as there is a valid Lease Agreement in place.

Majority of times lenders' representatives will try to scare people away with notices, warnings glued t o their front door, etc.
Lender legally should allow the tenants to finish the lease under proof of timely monthly payments under the Protecting Tenants at Foreclosure Act, which Congress passed in May of 2009. Even renters on a month-to-month lease basis have 90 days to vacate the premises.
 
The average person wouldn't know the law has changed, so it is important to do own research and educate ourselves.
 

It is very important for investors as well. If they buy a foreclosed home that has an existing tenant they comply with provisions of the Helping Families Save Their Homes Act of 2009.  The act went into effect in May of last year.
 

Here are some of the provisions of above law:
1.     The tenant is not the mortgagor or relative of mortgagor

2.     The lease requires proof of rent that is not significantly less than fair market value rent
3.     The lease was in effect as of the date when Trustee Sale Notice was filed (foreclosure)

 

 

Don MacLean
New England Real Estate Center Inc. - Easton, MA
Realtor-Homes for Sale- Easton, Mass 02356

Some times the law actually works in favor of the people.

Enjoy the day

Mar 22, 2010 04:51 AM
Don MacLean
New England Real Estate Center Inc. - Easton, MA
Realtor-Homes for Sale- Easton, Mass 02356

Some times the law actually works in favor of the people.

Enjoy the day

Mar 22, 2010 04:52 AM
Daniel Webb, Principal Broker
Daniel Webb Real Estate - Canby, OR

Good information. Maybe it will help me settle an argument i've been having with another agent.

Thanks

Mar 22, 2010 06:47 AM
Megan Izdebska & Hanna Manoufar Chandler, Scottsdale Real Estate Agent
United Brokers Group - Chandler, AZ
Double Commitment. Double Results.

Daniel, just send him to the source and that should resolve your the issue.

Mar 23, 2010 05:50 AM
Leslie Prest
Leslie Prest, Prest Realty, Sales and Rentals in Payson, AZ - Payson, AZ
Owner, Assoc. Broker, Prest Realty, Payson,

We have a situation where the tenants WANT to vacate the house because it is scheduled for a Trustee's sale. Evidently the law doesn't really give them the right to void the lease. It doesn't seen fair.

Mar 25, 2010 06:19 AM