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question about New Hampshire law

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hoopdawg

Junior Member
Live in New Hampshire and have a month to month lease with landlord and just read in the newspaper that my apt bldg is up for public aution due to foreclouser and the auction is in 21 days and I was notified of this till I just today read it in the newspaper what can I do now ????
 


hoopdawg

Junior Member
i am paying my rent but by law doesnt he have to give a notice about this action ?? since he will oose the apt bldging in less than 30 days ??
 

JETX

Senior Member
i am paying my rent but by law doesnt he have to give a notice about this action ?? since he will oose the apt bldging in less than 30 days ??
The owner does not have to give you 'pre' notice of the foreclosure process or possible sale of the property.

New Hampshire Revised Statutes:
540:12 Possessory Action. – The owner, lessor, or purchaser at a mortgage foreclosure sale of any tenement or real estate may recover possession thereof from a lessee, occupant, mortgagor, or other person in possession, holding it without right, after notice in writing to quit the same as herein prescribed.
 

hoopdawg

Junior Member
so what if no one buys this at the public auction and than the bank takes it over will I be able to stay there ???or will they give me ample time to find another place and move ?
 

JETX

Senior Member
so what if no one buys this at the public auction and than the bank takes it over will I be able to stay there ???
Yes, unless/until they tell you to move.

or will they give me ample time to find another place and move?
Depends on how long is 'ample'. There is a recently enacted FEDERAL law, the 'Helping Families Save Their Homes Act of 2009' which requires parties who acquire residential property as the result of a foreclosure sale, either to honor existing leases or to provide a written 90-day notice to vacate the property to tenants occupying the residence at the time of the sale.
Helping Families Save Their Homes Act of 2009 - Wikipedia, the free encyclopedia
 

DeenaCA

Member
The NH statute is superceded by the Protecting Tenants at Foreclosure Act (Title VII, Public Law 111-22). More information about federal tenant protections is available at NLIHC: Renters in Foreclosure Toolkit. In particular, check out the "Questions and Answers For Tenants Of Buildings At Foreclosure After May 20".
 

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