Foreclosure?

[sfailace143]

What is the name of your state (only U.S. law)? Florida

Mu husband and I are renting a home in Florida from someone. We signed a lease on April 1, 2009 for a year. A few weeks back my husband said someone was on the property taking pictures of the house. He told our landlord and our landlord stated he knew nothing of what was going on. We then trusted him and let it go. Well, today I recieved an "affidavitas as to amount due and owing" in the mail from the county court house stating what was owed and by when. Amount high hundred thousands, by May 13th, 2009 The landlord was called by my husband and landlord again acted like he did not know of anything. I proceeded to check the case number with the county court online. It states the filing date was January 7, 2009. My questions are: What are our rights as tenants to a foreclosure? What is the process after the affidavitas is sent to us? What action, if any can we take to either stop this from happening or something? And on the case report online, is has the state reporting number of 062009********, what does that mean?
We have a 4 month old baby and now I am EXTREMLY stressed out.

[HomeGuru]

Originally Posted by sfailace143

What is the name of your state (only U.S. law)? Florida

Mu husband and I are renting a home in Florida from someone. We signed a lease on April 1, 2009 for a year. A few weeks back my husband said someone was on the property taking pictures of the house. He told our landlord and our landlord stated he knew nothing of what was going on. We then trusted him and let it go. Well, today I recieved an "affidavitas as to amount due and owing" in the mail from the county court house stating what was owed and by when. Amount high hundred thousands, by May 13th, 2009 The landlord was called by my husband and landlord again acted like he did not know of anything. I proceeded to check the case number with the county court online. It states the filing date was January 7, 2009. My questions are: What are our rights as tenants to a foreclosure? What is the process after the affidavitas is sent to us? What action, if any can we take to either stop this from happening or something? And on the case report online, is has the state reporting number of 062009********, what does that mean?
We have a 4 month old baby and now I am EXTREMLY stressed out.

**A: I suggest you read the other similar posts on this website.

[FlyingRon]

I'd start looking for a new place. While it's possible that whoever owns the property (typically the bank) will be willing to extend your tenancy, chances are they will not. They may be willing to pay you a little cash to get you to move out in an expeditious and orderly fashion.

[sfailace143]

Originally Posted by FlyingRon

I'd start looking for a new place. While it's possible that whoever owns the property (typically the bank) will be willing to extend your tenancy, chances are they will not. They may be willing to pay you a little cash to get you to move out in an expeditious and orderly fashion.

So does that mean the process has begun?

[FlyingRon]

Yes. This is the required notice. There will be a public sale, the new owner will give you notice to quit followed by eviction proceedings if they want you out. You've got some time, but any lease you had is wiped out by the foreclosure.

[sfailace143]

Originally Posted by FlyingRon

Yes. This is the required notice. There will be a public sale, the new owner will give you notice to quit followed by eviction proceedings if they want you out. You've got some time, but any lease you had is wiped out by the foreclosure.

He just has out right lied to us today saying he knew nothing about this. I'm very scared right now. Do we as tenants have a right to speak with the mortage company/bank?

[HomeGuru]

Originally Posted by sfailace143

He just has out right lied to us today saying he knew nothing about this. I'm very scared right now. Do we as tenants have a right to speak with the mortage company/bank?

**A: yes you do and sometimes the mortgage company would step in and collect the rent.

[sfailace143]

Originally Posted by HomeGuru

**A: yes you do and sometimes the mortgage company would step in and collect the rent.

If not, then what is the process after this letter.. like how long before the final things? we really love this home and want to stay here, its a great neighborhood for raising our baby. We can't afford to purchase a home right now outright thats why we are renting. Do mortage companies ever do a rent to buy type option? Because we are willing to do anything to stay here.

[sfailace143]

Ok, so I spoke with the mortgage company who told me I needed to contact the law firm. I did and this house in fact in foreclosure, and has been for 6 months. We started renting and signed our lease on April1, 2009. Is that illegal? to rent a house that is currently being foreclosed on? Also, someone recommended to put the money for rent in escrow instead of paying landlord at this point. Can we do that? What is the process? The law firm said they will send me out court hearing dates and such. She stated it could be 1-2 months to go to court, then 30-45 days to get out. So now I'm thinking, will the mortgage company allow us to maybe overtake the mortgage?

[Who's Liable?]

Originally Posted by sfailace143

Ok, so I spoke with the mortgage company who told me I needed to contact the law firm. I did and this house in fact in foreclosure, and has been for 6 months. We started renting and signed our lease on April1, 2009. Is that illegal? to rent a house that is currently being foreclosed on?

Not illegal. Just because a home is in foreclosure does NOT mean the owner will lose the home. Once the home is indeed foreclosed on and you were forced to be relocated, that is when the LL has violated the terms of the agreement.

Originally Posted by sfailace143

Also, someone recommended to put the money for rent in escrow instead of paying landlord at this point. Can we do that? What is the process?

Only if your state allows this to be done. Watch out as the LL could evict you for non-payment of rent and you would be liable until a replacement was found plus any and all fees associated with breaking your lease.

Originally Posted by sfailace143

The law firm said they will send me out court hearing dates and such. She stated it could be 1-2 months to go to court, then 30-45 days to get out. So now I'm thinking, will the mortgage company allow us to maybe overtake the mortgage?

You cannot simply "take-over" the mortgage. You would need to follow the proper steps to purchase the home, either as a short-sale, or a foreclosed property.