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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
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Experience:  Licensed Texas General Practice Attorney
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My name is XXXXX XXXXX I am a tenant of a forclosed property.

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My name is XXXXX XXXXX I am a tenant of a forclosed property. The bank now owns the property. They had a 3 day notice to quit taped to my door last night. What are my rights and do I have to move out in 3 days? Help!
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : You do not have to vacate at this point. Through the "Protecting Tenants in Foreclosure Act of 2009", if you're in a house that is foreclosed, and your lease is "bona fide" (not made for the purpose of getting around foreclosure laws) then you can stay in the house at least 90 days after you receive notice of the new owner after the sale. If the new owner is not going to live in the house, then you can stay through the end of your lease, just making payments to the new owner, not the old.
ScottyMacEsq : At that point you need to inform them that you're a tenant and are going to exercise your rights under the "Protecting Tenants in Foreclosure Act of 2009".
ScottyMacEsq : You may need to send them a copy of the lease that you had with the old landlord.
ScottyMacEsq : Again, it's 90 days from written notice after the sale, not 90 days after the sale, at least, and if your lease would terminate afterwards, then it's upon termination.
ScottyMacEsq : But you're going to need to let the bank know that you're a tenant, and you're going to have to pay rent to the bank.
ScottyMacEsq : Essentially the bank has become the landlord, and you can recover your deposit from the bank (or subsequent owner of the property) at the termination of your lease.
ScottyMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
ScottyMacEsq : Did you have any other questions before you rate this answer?
Customer: Thank you for your response! My research had told me the same thing but I just wanted to make sure that on the 3rd day I don't have the police knocking on my door escorting my 2 boys and myself out on the street left homeless.
ScottyMacEsq : No. After 3 days (without response by you) they would have to file for eviction, go to court, get a writ of eviction, etc... (which would take at least 2 weeks, if not more). But you can have much more time if you exercise your rights under the act discussed above.
Customer: Thanks a bunch I will call them now and do that!! You were great!! If I have anymore questions on this matter will I always get you?
ScottyMacEsq : You can request me (just address the question "To ScottyMacEsq")
ScottyMacEsq : Thanks, XXXXX XXXXX good luck to you!
Customer: got it wrote down!!!
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 12217
Experience: Licensed Texas General Practice Attorney
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