 Foreclosure Bank Sale (by Jane Holmes [FL]) Aug 12, 2014 3:02 PM
 Foreclosure Bank Sale (by Gruvin [TX]) Aug 12, 2014 3:19 PM
Foreclosure Bank Sale (by RentsDue [MA]) Aug 12, 2014 4:18 PM
Foreclosure Bank Sale (by Kathy [OH]) Aug 12, 2014 4:36 PM
Foreclosure Bank Sale (by Mike45 [NV]) Aug 12, 2014 4:43 PM
Foreclosure Bank Sale (by Barb [MO]) Aug 12, 2014 6:57 PM
Foreclosure Bank Sale (by GA [GA]) Aug 12, 2014 8:45 PM
Foreclosure Bank Sale (by tryan [MA]) Aug 13, 2014 6:55 AM
Foreclosure Bank Sale (by Jane Holmes [FL]) Posted on: Aug 12, 2014 3:02 PM
Message:
State Specific Question About: FLORIDA (FL)
The property that my son is renting went into foreclosure. There was a bank sale auction scheduled for July 28. The owner tried to and succeeded on halting the sale with the bank on a hardship defense, but the judge allowed the sale to take place. Now the prior owner is contesting the sale.
My son got a copy of the certificate of sale in the mail naming the new owner, but his prior landlord told him that rent is due to him for August. My son was told by someone in the courthouse that the title would be settled on August 12. He called today and was told that no title was issued today because the prior owner is contesting the sale and it would now be up to a judge to see who takes title.
In the meantime the prior owner has become really nasty with my son for not paying August's rent. My son is waiting to see who to pay. What should he do ? --65.34.xxx.xxx |
Foreclosure Bank Sale (by Gruvin [TX]) Posted on: Aug 12, 2014 3:19 PM
Message:
Is there a written lease in effect? Will it remain in effect with the new owner? I would divide the payment up and pay it by week to the original owner until the matter is settled but this idea makes sense so nobody will go for it. --99.126.xx.xxx |
Foreclosure Bank Sale (by RentsDue [MA]) Posted on: Aug 12, 2014 4:18 PM
Message:
I don't know FL laws, but MA is extremely tenant friendly and special laws were put in place to protect tenants of foreclosed homes. I would look into that first and foremost. I have bought bank foreclosure , although it was not contested. --198.228.xxx.xx |
Foreclosure Bank Sale (by Kathy [OH]) Posted on: Aug 12, 2014 4:36 PM
Message:
I would think if your son has a lease, he should have paid his rent on Aug. 1 to the prior owner. If the sheriff sale was July 28 and allowed to go through, it still would not have transferred to the new owner on that date. --192.161.xx.xxx |
Foreclosure Bank Sale (by Mike45 [NV]) Posted on: Aug 12, 2014 4:43 PM
Message:
Rent was due on August 1 to whoever owned the property on August 1.
--184.6.xxx.xxx |
Foreclosure Bank Sale (by Barb [MO]) Posted on: Aug 12, 2014 6:57 PM
Message:
I'll be the odd ball here, but I know someone who went through something like this a few months ago. It was a nightmare.
Son should call the court and ask is there is a procedure to put his rent in an escrow account. Since the sale occurred on July 28, the owner is cloudy. If the owner holds a security deposit, he needs to ask about it from the prior (maybe still) owner, and find out where it is. If the owner can demonstrate that the security deposit is still available to be turned over to the new owner, the old owner needs to put it in escrow as well.
Sorry, this one is a little cloudy and I hope things work out well. --71.87.x.xx |
Foreclosure Bank Sale (by GA [GA]) Posted on: Aug 12, 2014 8:45 PM
Message:
Good advice above. In addition, your son should make sure he pays the rent using a traceable method. ie - via personal check, and download and retain a copy of cancelled check, etc. Do NOT pay rent with cash. --74.190.xxx.xxx |
Foreclosure Bank Sale (by tryan [MA]) Posted on: Aug 13, 2014 6:55 AM
Message:
escrow the rent until the ownership issue is settled ... my guess is the prior owner will quickly run back to hide in the bushes. --24.147.xx.xxx |
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