Real Estate Law
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Hello,Thank you for the information and your question. First, just to be clear about what your landlord got when she purchased the house from the HOA who had foreclosed for unpaid association fees, she got the house subject to any mortgages that were on the house. In other words, the title was clouded by these mortgages. So, she will have to settle those mortgages before she will own the property completely. However, if you want to make sure you have the complete picture, you will want to contact the mortgage holder or their law firm that would be on the papers you received. As for you being kicked out. There is a Federal law called Protecting Tenants at Foreclosure, which states that as long as you are a bona fide tenant (meaning you are paying rent to a landlord that you are not related to), then you have a certain amount of protection from eviction. Under the law, if the property is foreclosed on by a mortgage lender and there is a sale of that property after foreclosure, then the tenant has the right to stay to the end of their written lease period unless the person purchasing the property is going to use it as their primary residence. If they will use it as a primary residence, then the tenant will have 90 days to move from the unit after recieving notice of the owner's purchase and intention. If there is no written lease, then the tenant still gets at least 90 days to move. You can see more about the Act, at: http://www.occ.gov/publications/publications-by-type/comptrollers-handbook/ptfa.pdfSo, no one can come one day and force you out. They have to use the process and your legal position is this Act. Please let me know if you need any clarification. I would be glad to assist you further if I can.
I tried to contact the law office and they informed me that since i am not the defendant they cannot offer me any information. And when i ask the landlord she simply says dont worry about it. Is there a specific way for me to find out if the house has a clouded mortgage? She is listed as the owner in the clerk of court docs but the law office assures me that the lawsuit has merit. is there something in the court docs i can see? Any way to find out? Anything you can help me with would be greatly appreciated. I understand i have rights but its very hard to come up with deposits and cost of moving in just a couple months. Thanks!
ok last question i promise! When looking at public records what exactly am i looking for to see who the actual owner is? When i call the law office is there a specific question that i can ask to get the info that i need. Again thanks for your help i really appreciate it