Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good evening. I certainly understand the situation and your concern. You do have rights and are protected, under the Protecting Tenants at Foreclosure Act. Under this law, the immediate successor in interest of a dwelling or residential real property
must provide tenants with a notice to vacate at least 90 days before the effective date of such notice. The date of a "notice of foreclosure" is defined as the date on which complete title to a property is transferred to a successor entity or a person as a result of a court order or pursuant to provisions in a mortgage
, deed of trust
, or security deed. Tenants also must be permitted to stay in the residence until the end of their leases, with two exceptions: (1) When the property is sold after foreclosure to a purchaser who will occupy the property as a primary residence or (2) When there is no lease or the lease is terminable at will under state . However, even when these exceptions apply, tenants must still receive 90 days notice before they may be evicted. Seeing how the lease is expired and you need more then 90 days, you would need to speak with the lender or the third party purchaser, to see if they would allow you to remain until May. The only other option is to see if they would agree to a keys for cash deal, to get you to vacate sooner, if it is worth it for your financially. There needs to be a legal basis to stay the sale and since a date is already set, you would need to file a motion now, to go before the Judge. As a tenant, it is unlikely that the Judge will stay or delay the sale, just so you can stay, since the lender has lost money and interest all this time, while the owner has failed to pay the mortgage and needs to take the property back.