Can tenant be evicted as part of a mortgage foreclosure?
Can tenant be evicted as part of a mortgage foreclosure? What are the tenant's rights in a mortgage foreclosure? Listen as Attorney Tom Olsen answers these questions and more!
Brian: Yes. I live in a house that my landlord has foreclosed on him and the fail date is the 30th. I don't know if they have to evict me legally or can they just play rip on the door and get me out in 24 hours.
Attorney Tom Olsen: Well, Brian, these days when you're a tenant in a piece of property that's being foreclosed on, you actually have some rights to continue to live there even after the foreclosure is finished. However, to claim those rights, you would have had to file a pleading within the foreclosure action. You should have been served with a 20 day summons. You know what I'm saying? As a tenant, Brian.
Brian: I wrote the judge a letter and the last hearing they had was in chambers and I had no access to the chambers.
Attorney Tom Olsen: Okay. Well Brian, the bottom line is that you probably have not preserved your rights to stay there. So if you do stay there after the foreclosure is finished, what will happen is that they'll get a rid of possession. They'll post it on your door and tell you to go. I mean, they could if they wanted to. Now, maybe you can negotiate something with the buyer at that foreclosure sale. Or the lender that's taking it back. Maybe they don't care that you're living there Brian. But the bottom line is, they will have a right to make you move out when the time comes. And it's best if you be in touch with them because otherwise, they don't have to give you much notice.