Avvo.com - Doctors. Lawyers. Ratings. Answers.

Expert Advice When You Need It Most

  • Sign in with: Facebook Twitter Google Linkedin
  • Sign in
  • Register
  • Are you a Lawyer?
  • LEGAL
  • HEALTH
  • Research Legal Advice
  • Ask a Lawyer
  • Find a Lawyer
  • Review Your Lawyer
Legal Advice
  • Lawyers
  • Doctors
  • Dentists
  • Legal Advice
  • Health Advice
Home  >  Legal  >  Research Legal Advice  >  Help for Tenants in Foreclosure in Florida
Margery Ellen Golant

Help for Tenants in Foreclosure in Florida

Written by: Margery Ellen Golant Avvo Pro

Contributor Level 19
Foreclosure Property Foreclosure Real Estate Renting Tenants in Foreclosure
Posted about 3 years ago. Applies to Florida, 2 helpful votes, 0 comments
Save
Email
Share with:
Tweet
The Protecting Tenants At Foreclosure Act was passed by Congress to attempt to address the problems facing people renting property which, through no fault of theirs, is now in foreclosure. It is mportant to be sure that you fit the profile outlined in it to be protected.
1

I am a Tenant and Just Found Out This Property is in Foreclosure

Legislation has been passed by Congress that will provide help for people who are renting when their landlords go into foreclosure.

2

The Protecting Tenants At Foreclosure Act

The statute can be found at http://www.fdic.gov/news/news/financial/2009/fil09056a.pdf - It is important that you read it carefully, in particular Section 702(b)(1)(2) and (3). Unless you fit the description of a bona fide tenant, the Act will not affect you. However, if you do, and assuming the mortgage being foreclosed is a "federally related mortgage loan" (most are), the foreclosing plaintiff will be required to allow you to finish out your remaining lease if you have a lease entered into prior to "the notice of foreclosure", or to give you 90 days to vacate otherwise.

3

How Do I Protect Myself ?

You should consult a landlord-tenant attorney, so that he or she can determine if you are protected under the act, and so that he or she can file the appropriate things with the court to make the court aware that you are claiming the protection of the Protecting Tenants at Foreclosure Act.

Additional Resources

http://www.fdic.gov/news/news/financial/2009/fil09056a.pdf

Golant & Golant, P.A.

2 4 Helpful Not helpful

Related Questions

My rental home went into for closure and im having trouble with the property management. Someone help!

Asked in Orlando, FL - April 29, 2011 22:00.

  1. Dennis Andrew Chen
1 attorney answer
  • Foreclosure
  • Home Foreclosure
  • Landlord / Tenant
  • Landlord in Foreclosure
  • Property Foreclosure
  • —
  • more
  • Foreclosure
  • Home Foreclosure
  • Landlord / Tenant
  • Landlord in Foreclosure
  • Property Foreclosure
  • Real Estate
  • Tenants in Foreclosure
  • —
  • less

What is the new legislation to help tenants if a home goes into foreclosure?

Asked in Port Richey, FL - February 09, 2010 15:37.

  1. Royce Brent Bishop
1 attorney answer
  • Foreclosure
  • Home Foreclosure
  • Real Estate
  • Tenants in Foreclosure

In Florida, after a foreclosure,

Asked in Lakeland, FL - February 17, 2010 11:01.

  1. Mark Hankins
1 attorney answer
  • After Foreclosure
  • Foreclosure
  • Landlord / Tenant
  • Landlord in Foreclosure
  • Real Estate
  • —
  • more
  • After Foreclosure
  • Foreclosure
  • Landlord / Tenant
  • Landlord in Foreclosure
  • Real Estate
  • Tenants in Foreclosure
  • —
  • less

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

 
Required
Cancel

17,296 answers this week

1,893 professionals answering

Find Speeding Ticket Lawyers

Vancouver (15) Gresham (2)

Related Searches

  • After Foreclosure
  • Avoiding Foreclosure
  • Foreclosure
  • Foreclosure Auctions
  • Foreclosure Laws
  • Foreclosure Notices
  • Foreclosure Process
  • Home Foreclosure
  • Judicial Foreclosure
  • Landlord / Tenant
  • Landlord in Foreclosure
  • Mortgage Foreclosure
  • Non-Judicial Foreclosure
  • Property Foreclosure
  • Real Estate
  • Renting
  • Second Mortgage &...
  • Stop Foreclosure
  • Tenants in Foreclosure
Avvo Logo

Expert Advice When You Need It Most

Avvo Legal

  • Ask a Lawyer
  • Find a Lawyer
  • Free Legal Advice
  • Review a Lawyer

Avvo Health

  • Ask a Doctor or Dentist
  • Find a Doctor
  • Find a Dentist
  • Free Medical Advice
  • Review a Doctor or Dentist

For Professionals

  • For Lawyers
  • For Doctors
  • For Dentists
  • Claim Your Profile
  • For Law Firms
  • For Medical Groups
  • For Dental Groups

Company Info

  • About Us
  • Jobs
  • Avvo Blog
  • Support
  • Partner With Us

FOLLOW US ON Twitter Facebook

© 2012 Avvo, Inc. All Rights Reserved | Terms of Use | Privacy Policy | Community Guidelines