Landlord in Foreclosure
My landlord is in foreclosure. We have received notices from the banks lawyer, the second notice has the name of the tenants listed on it. We have sent this info to our lawyer and he will be doing the necessary paperwork. I have heard that basically he can file a form called appearance form and we will be notified of everything that happens with the apartment. Beyond that he can try to keep us there for as long as possible, but it doesn't seem like he can guarantee us to stay once the building is sold. The new landlord has the right to evict us.
I am looking for people's experience with this problem. If your landlord has gone through foreclosure how did the whole process occur?
There is very little information on the internet about how this process occurs in New York State. Every state has different laws. It would be nice get people's input. The economy right now is in a sorry state and it has affected us even though we have paid our rent in full and always on time.
I am looking for people's experience with this problem. If your landlord has gone through foreclosure how did the whole process occur?
There is very little information on the internet about how this process occurs in New York State. Every state has different laws. It would be nice get people's input. The economy right now is in a sorry state and it has affected us even though we have paid our rent in full and always on time.
Comments
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You need to talk to your lawyer about this, but can't you at least stay until the end of the lease? I thought that the new owner of the building inherits all the currently active tenants.
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I have no lease, been living there month by month. Even if I did have a lease that is between my landlord and me. So if my landlord gets foreclosed on, the lease is broken. This is what I have heard.
There is a lot of "rumors" out there about what the law is, but it is very hard to find experiences from actual people who went through this. -
You might want to post this on the forums at brownstoner and see if someone over there has an answer. I know the issue of forclosure impacts on renters has come up over there several times.
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there are laws being passed on this topic as we speak. however, when enacted, they will only buy you 120 days from the receipt of the letter they send out telling you you have 30 days. that gives you 150 days to find a place. as of now, im sure your lawyer can keep you there for a while. what a bummer. good luck.
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I read something online very recently pertaining to tenants in foreclosed buildings. Sort of in the past week or so. There is some sort of protection in place, here in NY, that was very recently put in place. I can't remember the particulars. I will try to find it when I get back home later tonight. In the meantime you might want to post on tenant.net
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http://www.nytimes.com/2008/12/15/business/15evict.html
This is it. I did not have a chance to re-read it as I am running out now[/url] -
Now I'm no lawyer, but from what I've read, the only tenants that have any protections from foreclosure are those covered by the various rent regulations, such as rent control, rent stabilization and Mitchell-Lama. Section 8 tenants may also have some protections. Unfortunately, you seem to be a market rate, month-to-month tenant. After the mortgagee takes over the property, I'm guessing they become your new landlord which means that, if nothing else, they can give you a month's notice to leave, and you will have to leave.
Being month to month gives you great flexibility, but a lease gives you security, although I am not sure a lease would protect a market rate tenant from eviction due to foreclosure.
Unfortunately, just because you've paid your rent on time doesn't mean the landlord has been using that to pay his/her mortgage. You may even lose your security deposit if the landlord is bankrupt.
This is yet another reason why we need comprehensive real estate law reform in New York. -
http://www.brooklynian.com/forums/viewtopic.php?t=47553&highlight=
No reason to presume that you don't have the same protection as any month to month. Given the hard times many people are experiencing you should be able to max your time with a good story if need be. -
I am talking to my lawyer this weekend. Will try to keep you guys posted with the latest. thanks.
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I don't know if this is applicable - but here's a NYT article from the 15th re renters being allowed to stay in foreclosed housing...
http://www.nytimes.com/2008/12/15/business/15evict.html
And another about renter's rights in foreclosures.
http://www.nolo.com/article.cfm/objectId/B8CE60DC-0D00-4E6B-8DC71AF1165C89EA/catID/7E846209-6969-42D1-8B1617C517D8E62E/213/317/ART/
I wish you the best - it sucks!
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