If your landlord does not pay his mortgage, the mortgage company may file a foreclosure. A foreclosure is a lawsuit filed by the mortgage company when the landlord does not pay the mortgage. In the foreclosure, the mortgage company asks the court to sell the property to pay off the mortgage. TOP
I Am Only a Tenant - Why Am I Being Served?
If a foreclosure is filed against your landlord, as a tenant living in the property, you will usually be served with the foreclosure lawsuit. Either the Sheriff or a process server will hand you a copy of the lawsuit. As a tenant, you are a party to the foreclosure, but the foreclosure complaint will refer to you as the "unknown tenant" or "John/Jane Doe." TOP
What Should I Do If I Am Served With Notice of a Foreclosure Against My Landlord?
Even though you do not own the property, you should file an Answer to the foreclosure. For more information about how to do this, see LSGMI's "How to File an Answer to a Lawsuit" brochure. In the Answer explain that:
You live in the property
You rent the property.
If you have a lease, say this in your Answer
The date your lease expires
Attach a copy of the lease to the Answer
If you file an Answer, it will tell the judge and the mortgage company that a tenant is living in the property. You will also be notified if any hearings are scheduled in the case. If you do not file an Answer, you may not receive any notices about the foreclosure lawsuit, and you will not know what is happening in the case.
If the landlord did not pay the mortgage and you want to move out, you can send a letter to the landlord explaining that you are terminating your rental agreement in 7 days because she did not pay the mortgage. You may also have other claims against the landlord, but you should consult an attorney before you take any legal action. TOP
Do I Have Any Special Rights If I Once Owned the Property Where I am living?
If you are living in a home that you used to own and you have the option of repurchasing the property, it is important that you write this in the Answer. You should also talk to your own attorney because the law in this situation is complicated. TOP
What Should I Do If My Landlord Tells Me She Plans to Stop The Foreclosure?
If you receive a foreclosure complaint, you should contact your landlord to find out what she intends to do about the foreclosure. Many times, after a foreclosure is filed, the owner pays the mortgage company enough money to stop the foreclosure or files bankruptcy. If the landlord does this, the foreclosure should stop or be dismissed. Even if your landlord tells you she will stop the foreclosure, you should still file an Answer in the foreclosure lawsuit. TOP
What Should I Do If My Landlord Tells Me She Cannot Stop the Foreclosure?
If your landlord tells you that she is not going to be able to stop the foreclosure, or if you cannot find your landlord, you should file an Answer in the foreclosure and begin looking for a new place to live. Legally, you must continue to pay rent to your landlord during the foreclosure process. TOP
What Happens if the Mortgage is Foreclosed?
If your landlord does not stop the foreclosure, the Court will enter judgment against the landlord. The Court will schedule a foreclosure sale. Once the property is sold at the foreclosure sale, there will be a new owner of the property TOP.
Can the New Owner Force Me To Move?
The new owner must wait 10 days after the foreclosure sale before asking the Court to issue a Writ of Possession to remove you from the property. A Writ of Possession is a document where the Court orders the Sheriff to remove you and all of your belongings from the property.
Sometimes the new owner will schedule a hearing to ask the Judge for the Writ of Possession, but this is not required. If you are still living in the property and the new owner schedules a hearing asking for a Writ of Possession, it is very important that you attend the hearing so you can tell the Judge how much time you will need in order to move out. TOP
After the Property is Sold to A New Owner, Must I Pay Rent to the Old Landlord?
No. After the property is sold at the foreclosure sale, you don't need to pay rent to the old landlord.
What Should I Do If the New Owner Asks Me If I Want To Stay?
Sometimes, the new owner will ask if you want to keep living in the property. If this happens, you must make sure that the person who contacts you is really the new owner. You should ask for proof that he is the new owner before you pay him any rent. If you cannot reach an agreement, the new owner cannot force you out by changing the locks or turning off the utilities.
This flyer was prepared by Legal Services of Greater Miami, Inc. We are located at:
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