If you are a tenant and the landlord is in foreclosure, your lease or lease will fall due to foreclosure. In most cases, you may not even realize that a homeowner is in default of their mortgage obligations until the process is complete, when the trustee’s notice of sale is filed. Even if your landlord defaults on his loan, you will still have to pay the rent until the trustee’s notice of sale is filed.
30 Days notice for the move – tenant eviction procedure
Once the property has been sold to a new owner or returned to the lender, you will be given 30 days’ notice to withdraw. If you do not leave after 30 days, illegal detention will be brought against you. There are very specific laws to follow during this process, and in many cases banks and new owners don’t follow the process properly.
Unlawful Detainer Action Filed Against You
If eviction lawsuit action filed against you, the Consumer Law Attorneys can still delay the actions, giving you the time you deserve, educating you about your rights, saving money and finding a new place to live. You are also entitled to your own deposit and we can help you get it back!
If you suspect a landlord is being foreclosed and you are concerned that your apartment, rental, townhouse or other rental property is facing tenant eviction, you should contact to attorneys that help with eviction defense.
After the Court’s decision
If the court decides in favor of the tenant, the tenant does not have to move and the landlord can be ordered to pay the tenant’s legal costs (such as court fees) and the tenant’s attorney’s fees. However, the tenant must pay the court-ordered rent.
If the landlord wins, the tenant will have to move out. Additionally, the court may order the lessee to pay the lessor’s litigation and attorney’s fees, as well as proven damages, such as unpaid rent or repairs in the event of damage to the property.
Writ of Possession
If you are convicted and do not leave the house, the court will issue an arrest warrant for the landlord. The owner can deliver this legal document to the police station. The police will forcibly remove you from the police rental unit if you do not leave immediately. Before you are fired, the sheriff will issue a copy of your search warrant. The ownership order requires you to leave the house within 5 days of the order being issued, and if you do not relocate, the sheriff will remove you from the rental unit and instruct the landlord to acquire it.
Consumer Law Attorneys can tell you exactly what happens to your property.
Consumer Law Attorneys can tell you whether a property is a default value or not. They can tell you how far a property has gone into foreclosure and what options are available to you. They offer it to you as a free service. A phone call to our office is sufficient.