forclosure in N.C.

[MASKELJOE]

We signed a year lease with the owner of our house in Feb.2000. We received a forclosure notice stuck to the door in mid. March. We had talked to the owner and they used every excuse in the book saying that it was the morgage companies fault and everything was good. We even tried to assume there loan. Come the auction date we showed up at the auction to find out that yes it did forclose on and that the "owners" had not made a payment since Nov. 99". The attorneys office sent a certified letter to them (signed by the wife herself) in Feb. about the forclosure and they still rented out the property to us taking our $725.00 a month and blowing it. Can we take them to court and get back our money? We are working on buying the house now, but if not we have to be out in 10 days. This has put undo stress on us and tention in the house. Pleas help.

Thank you
Kel

 

[Tracey]

No, you can't have the money back. You can only pay someone other than the owner of record if everyone's agreed you should pay the mortgage company directly.

Now, what makes you think you have to be out in 10 days? You have a lease that runs until February 2001 & you get to stay until then if you want. Whoever buys the house in the foreclosure sale takes it subject to your lease rights. Period. If the new owner wants you to leave, s/he has to bribe you into leaving. Charge at least 3 months rent + moving expenses.

Run-don't-walk to the county recorder's office Monday morning & record your lease on the title to the house. This gives all potential purchasers notice that you have the right to stay until 2/01. If you have abided by the lease, the new owner can't throw you out on the street. (The owner can require you to attorn by signing a new lease on the same terms until 2/01, or by requiring you to pay rent to the new owner instead of L.)

Write whoever is trying to make you leave & tell them that you have a valid lease that runs until 2/01 & you intend to stay. Say that you are willing to attorn to the new owner if required, but that you have a right to stay in the house until your lease expires. Make them show you some statute that says an innocent tenant can be thrown out on the street simply because the house has been sold. They will back down.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited July 09, 2000).]

 

[maskeljoe]

Thank you for you information. But relizing this information we are screwed!!!! Our realator recently sent us a letter that he had sent to the previous owners stating that the lease was now null and void. So needless to say we now have no lease, but are still trying to buy the house. It does not help that this is a VA home (even though we are VA qualified) but we feel like we have nothing on our side. Thank you so much for taking the time to write me back. This is a total mess!!!