I am in possession as a tenant renting a condo from my landlord . I just received that courts Order Granting Plaintiff's Motion for Leave to File First Amended Complaint . What does this mean for me ? I am going to have to move ?
I forgot to say that the complaint is for foreclosure.
Lawsuit / Dispute Attorney
The plaintiff wanted to change their complaint. The court allowed them to file a new complaint to replace the original one. You will need to respond to the new complaint if you intend to defend the case.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
Real Estate Attorney
I agree with my colleague, however, I will just add that as a tenant, you have certain rights when the property you are renting is being foreclosed upon. I suggest you consult with a real estate attorney in your area to ensure that you are protected. Good luck.
Landlord / Tenant Lawyer
The property owner is being sued to foreclose on the property.
The plaintiff (likely a bank or HOA) wants to change something in their original filing.
So, the judge will make a decision and issue an Order.
Do you have a written lease agreement?
Is it month-to-month or do you have a term like one year?
When does the term expire?
Did you sign the written lease agreement before or after you found out the foreclosure was happening?
There is a federal act from 2009 called Protecting Tenants at Risk of Foreclosure. In the event of a foreclosure sale, you may have certain protections. Like 90 days' notice from the new owner. Or maybe the new owner will have to honor your year-long lease.
Continue to pay rent to the current owner. Do not cease to pay the current owner unless the judge orders you to pay someone else.
Once the foreclosure sale goes through (and it may not, the current owner may be able to save it between now and the end of the foreclosure case) then you would hear from the new owner and begin paying the new owner.
If you'd like more in depth information, make an appointment with a local landlord tenant lawyer or a foreclosure attorney.
4 lawyers agree