I am a renter who received foreclosure papers. What should I do?

Question

I received a notice of Les Pendens last night, and am not sure what to do. I contacted my landlord, and he said that he is in bankruptcy, and that after the bankruptcy is completed, he plans to pay his late payments to bring the mortgage current, so I should disregard the notice.

I am afraid that he is just trying to get me to stay in the house so he can collect rent and keep my last month/security. I am afraid that my next notice will tell me to be out within 24 hours. What can I do that's legal? How can I protect myself? I've called a couple of lawyers, but honestly, if I'm going to lose my last month and security deposit, I won't be able to afford to pay the lawyer and come up with money to move, so I would rather seek advice from others who have been in this situation. Thank you!

Details -

I live in Palm Beach County, Florida.

Answer 1

I am assuming thatthe notice came from someone other than your landlord. Contact them and ask about it.

Look it your area for legal aid or renters assistance programs. Ask them your rights.

If you are on month to month, you might want to think about giving notice and moving.

Answer 2

I wouldn't stress about it.

forclosure takes months and many don't go thru at all.

If it does go thru the company doing the forclosure has to give you 30 days notice.

Save as much money each month as you can, just in case.

Answer 3

yeah your land lord is keeping your rent and not sending mrtg payments so he has no plan on getting the home out of foreclosure.

also you do have rights, and no a foreclosure does not void your contract. usally the lender will offer you money to move out but you dont have to take it untill they juice up the offer.

Answer 4

He could be telling the truth - however, there is no guarantee that the Bankruptcy will be approved. And he could still end up losing the house if the courts approve the bankruptcy and also decide that liquidation of assests is the appropriate course of action.

Your main protection is communication. You need to get permission to speak to his bankruptcy attorney to verify that he is filing for bankruptcy. Find out if he is filing for a reorganization of debt, or liquidation of assests (which means he has to sell everything - including the house).

Then keep track of the proceedings. If he is filing for bankruptcy, it will take weeks if not months to go through. There is no need to run out and find a new place to live. When the decision comes back from the courts, it will say whether his debt will be reorganized so he can pay it back, or whether he will have to liquidate.

If he refuses to give you any of this information, inform him you will be filing for early termination of your lease due to landlord fault, and that you will require your security deposit back. Start looking for somewhere new to live, and don't make any more payments.

Answer 5

contact the lender and find out what they are planning to do next.

Answer 6

When a house goes into foreclosure it voids any rental contracts then existing.

My advice to you is to start looking for another place to live.  The foreclosing mortgage company can serve you with a 30 day notice to vacate the premises as soon as the foreclosure is served on the landlord.

You are perspicacious in realizing that your landlord is probably scamming you for additional rent and your security deposit.

Answer 7

It's hard to say what to do because evictions and forclosures and bankruptcies can take months.  

It looks like you risk losing your security deposit.

I would begin looking for a new apartment.  Give your landlord notice and don't pay your last months rent.  (Because you've prepaid it)  And pray that he will return your security deposit.