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I am a tenant living in a house in the process of foreclosure. How long do I have to live here?

We received a copy of Notification of Motion for Summary Judgement on January 12, 2010. How long do you think we have to stay in our home? Will we have any notification before we have to move. We get copies, as tenants, of all court proceedings. First knew about this in August 2009.

Additional information
Motion for Summary Judgement is set for January 12, 2010 or soon thereafter for 5 minutes.
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Attorney answers (2)

Reputation Level 14
You need to check with the plaintiff's attonrey in this action. The lender will probably allow you to stay until the end of the term of your lease making payments to them. However, you will need to verify that.

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Reputation Level 18
There is new Federal law which regulates this and which gives you rights that you did not have before. How it works depends on whether or not you had a lease in force prior to the commencement of the foreclosure. Either way you do have rights, but they differ, depending on whether there is a lease or not. In any case, if you are a named tenant in the matter, they MUST give you notice of their position. However, I disagree that you leave it up to the foreclosure attorney or to see what they will allow you to do- the foreclosure attorney is not your friend and there is law that regulates this area now, not the wishes of the foreclosure firm - it is that firm's goal to get this over with just as quickly as they can and to get you out just as quickly as possible and if they can convince you that you have to go sooner than an attorney representing your interest might think is your right, they will. That may be inconsistent with your rights and their interpretation of what they can try to require you to do may not be correct at all.

You should protect yourself by consulting a landlord tenant attorney who is knowledgable about how this works.

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