Renting a house and i got served with forclosure papers for the owner

50_Dave

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Dear SVT folks,

I live in florida. I was approved several years ago for a house for more then i needed and never bought a house. It seemed weird. So i decided to rent. The house I rent is now being foreclosed upon. I just found out today when I was served papers addressed to the owners of the house.

I found this house through a property management company, so the checks i mail for rent, go directly to them.

What do i do? Do i keep mailing the checks to them? It kind of sucks to think that I'm going to be kicked out at some point when i paid my bills, and the owner of the house did not. What about my deposit? This is all surreal to me. I am in a catch 22. My credit can be trashed because I want to break the lease now, but I can be kicked out because of the foreclosure thing.

I dont even know how long I will have, or what the next step will be.

This sucks.
 

Animalmutha97

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Definetly get a lawyer. If you've been paying your rent to the place and this is happening your getting robbed somewhere. Either it is the company you pay through or the actual landlord that is stealing your money :fm:
 

50_Dave

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Definetly get a lawyer. If you've been paying your rent to the place and this is happening your getting robbed somewhere. Either it is the company you pay through or the actual landlord that is stealing your money :fm:


I talked to the property management company. They said they are going to hold me untill the end of my lease which is the end of January. After that it is terminated. They want me to gamble on how long this process is going to take. They said they will hold all rent money in an escrow account untill i move out.

The papers I was served in regards to the foreclosure say something to the tune of:

"A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court. A phone call with not protect you, your written response, including the case number given above the and the name of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirments. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or legal aid office."

There is a bunch more attached to it, but that is the frontpage. The rest goes into details about the loan, and them defaulting on it.

Man this is horseshit. I have a deposit with them that is 1 months rent. I am half way tempted to tell them to **** off, use the rent that is due this month, and tell them to keep the deposit, so that I can just use this months rent (due november 1st) as a deposit on a new place, and move out the first of december.
 

STG

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"You" were not served foreclosure papers. They may have been handed to you, but they are for the owner of the property.

As far as I know, Florida is a judicial foreclosure state. that means the lender has to take the borrower to court in order to foreclose. That's why the papers were served.

Until and if the foreclosure takes place, you need to make your lease payments to the current owner.
 

50_Dave

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If the owner does not respond, then they may very well be able to drop on in and take all my stuff without notice. They cannot gaurantee I will be able to stay there without the bank seizing everything in the house. I have a friend who works in the business, and she has told me that they have seen this to rentors before. I am actually finding news stories of this happening to many individuals.
 

CyberDaveA

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Before you do anything drastic... contact the management company. If you do have to move, you most definitely should be able to get your deposit back.
 

pan7eraboyca

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You do not need a lawyer!!! Call the management Co. Your rental agreement is between you and the mgmt co, you have nothing to do with the foreclosure papers.

Because of the way these things work you will have a few (prob more than 6) months before you will have to move out . If you will at all.
 

N A Rush

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Dear SVT folks,
I just found out today when I was served papers addressed to the owners of the house.

This sucks.

Were YOU given the papers at the residence???
If so, sounds like a case of improper service, BUT i am no attorney.
 

bird_jenkins8

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There's no way getting a lawyer will have any impact on the f/c......that's between the mortgage company and the borrower's listed on the note.......just keep in good communication with the property management company and have them advise you of any changes.....without being listed on the note the mortgage company can't legally release any info. regarding the status of the foreclosure.....so the party you are renting the property from needs to determine with the potential sale date is.....if it's due to delinquent property taxes it'll happen faster then if it was otherwise.....
 

sgt d

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knock all of the walls out!


i am sure someone in here will have some very direct information from florida for you but i do not see how they served you with papers meant for the owner. and like many, it sounds as if the rental service you use will be who you will have to deal with. yeah, knock all of the walls out... j/k good luck
 

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