Help please! House up for auction

[ErinGoBragh]

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

I've been a tenant of my uncle's house since approximately November. He vacated, and I've been living here and paying the bills- making sure the pipes don't burst, no one breaks in, etc etc. We've known that the home was going into foreclosure, but he said he didn't want it trashed, and that I should be served with 60 days notice when they wanted me out. He claims he was never served foreclosure papers prior to today, and that he didn't think proceedings had even started yet.

Today, my uncle just called me and told me that he was served with paperwork that the house is going up for auction on April 20th. This gives me, oh, 40 days to pack up his crap and mine, find a new place, and move out. May SOUND like a lot, but I have cancer, and I have surgery March 22nd- that's a full week minimum I'm going to be physically unable to look for an apartment, pack, or do anything (I will be on morphine after the surgery).

Can the bank legally do this on such notice? If not, what is my recourse? Can I get an extension? I'm so frazzled right now, it's not even funny.

 

[Who's Liable?]

Yes it is legal, and yes your uncles WAS served,and I'm surprised that you are surprised. What did you think was going to happen?

Be prepared to move by Marshal within 5 days of auction closing.

 

[ErinGoBragh]

Yes it is legal, and yes your uncles WAS served,and I'm surprised that you are surprised. What did you think was going to happen?

Be prepared to move by Marshal within 5 days of auction closing.

If that's the case, I'll be out BEFORE the auction date. I'm not a total jackass. I was just under the impression, from much reading, that I needed to be separately served with 60 days notice. My uncle is not residing in the house, I am- therefore would it not be just as relevant for ME to be separately served?

 

[BL]

Renting a Home in Foreclosure? New Rules May Protect You From Eviction

The new laws allow a renter with a lease to stay in the home for the duration of the lease when a home is foreclosed on. The renter may be able to renegotiate their lease after the contract runs out, but there is no guarantee. For renters who are renting on a month to month basis, there must be 90 days before they are required to leave the premises.

You should consult a Lawyer through the Lawyer Referral Services in your area .

 

[DeenaCA]

If I understand the post correctly, the protections of the federal Protecting Tenants at Foreclosure Act might not apply in this situation.

I've been living here and paying the bills- making sure the pipes don't burst, no one breaks in, etc etc.

Here's the definition of "bona fide tenancy" from the law:

Bona Fide Lease or Tenancy- For purposes of this section, a lease or tenancy shall be considered bona fide only if--
(1) the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant;
(2) the lease or tenancy was the result of an arms-length transaction; and
(3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized due to a Federal, State, or local subsidy.

If the tenancy doesn't meet this definition, the Act doesn't apply. OP, are you paying market rent for the house?

The complete text of the law is available at http://www.nlihc.org/doc/701-704-Public-Law-111-22.pdf.

 

[ErinGoBragh]

If I understand the post correctly, the protections of the federal Protecting Tenants at Foreclosure Act might not apply in this situation.



Here's the definition of "bona fide tenancy" from the law:


If the tenancy doesn't meet this definition, the Act doesn't apply. OP, are you paying market rent for the house?

The complete text of the law is available at http://www.nlihc.org/doc/701-704-Public-Law-111-22.pdf.

Not market rent currently, no. When I lived in the cottage out back, prior to me moving into the main house, then I was- $700 a month- but when I moved into the main house my uncle altered the agreement.