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The property i rent is in foreclosure. A date for auction has been set. What are my options?

Clermont, FL |

I signed a lease for one year with the person who owned the house. When I asked why she was receiving correspondence from lawyers and then clerk of court I got no definitive answer. Do I have to keep paying her or who do I pay? What are my options? I am a public servant and spend days away from home . I don't want a sheriff knocking at my door while my wife and kids are home and have them get kicked to the curve.

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Attorney answers 2


Continue to pay rent to the property owner/landlord until a judge orders you to pay to someone else.

The property owner may save the property before it goes to a foreclosure sale. If the property does go to a foreclosure sale, you will have rights as outlined in the 2009 federal act Protecting tenants at foreclosure. The new owner would have to honor your year long lease or give you 90 days notice that they are intending to live in the property and you have 90 days or more to vacate.

File a copy of your written lease agreement with the clerk of courts. Write in the foreclosure case number in the upper right hand corner of the lease agreement. Take or mail a copy to the clerk of courts. mail a copy to the plaintiff bank/mortgage company. Mail a copy to all other parties. This will put all parties on notice that a tenant resides there and the judge should not issue a Writ of Possession.

Good luck.


Pay the landlord until the sale takes place. After the sale takes place, the clerk will wait 10 days before issuing a certificate of title. Once title passes, do not pay the landlord any more money as they are not the owner of the property anymore.

The Protecting Tenant at Foreclosure Act protects allowin them to stay to the end of the lease term, and you would pay the new owner.

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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