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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I am renting a home that is going to auction next week - I

Customer Question

I am renting a home that is going to auction next week - I found this out on my own and confronted landlord who in turn told me she was taking care of it - how do I find out if she did? Am I under obligation to pay her further rent? How can I continue to stay in my home?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi and Welcome to JustAnswer, I will be glad to Answer your questions and the only thing I ask is that you leave a positive rating so that JustAnswer will give me credit for assisting you. You have already placed a deposit with JustAnswer, so it will not cost you anything additional to leave a positive rating, but it is the only way that JustAnswer will give me credit for assisting you, fair enough ?

You asked,

1. How to find out if the owner of the house took care of the house being placed on the auction list

2. Are you under an obligation to pay continue to pay rent ?

3. How can you continue to stay in the house

ANSWER -

1.& 2. When a house is put up for auction, it is the Sheriff's Office which puts the property up for sale and it would be placed on the Sheriff's "Auction List". Therefore, you would call the Sheriff's Office of your county, give the property address, and ask if the property is on the Sheriff's list to be sold. If you are told that the house is not on the list to be sold, then you would continue to pay rent to the landlord/owner as usual. If you are told that the house is on the list to be sold, then you should ask the Sheriff's Office about the rent because that office might have a special account already set up for receiving the rent from tenants where a house is to be sold.

3. If you have a lease, then even if the house is sold at auction, it will be sold "subject to the lease" which means that the sale will not affect your lease or your right to remain in the house until the expiration of the lease term. So, in other words, if the house were sold tomorrow at Sheriff's Sale, but you have a lease which does not terminate until March 31, 2016, then you have a right to remain in the property until March 31, 2016. If your lease has already expired and you are a "month to month" tenant, then you would try to negotiate a new lease with the new ow2ner. If the new owner does not want any tenants because he bought the house for his own use, then the law allows you to remain in the property for 90 days after the date of the sale.

Please let me know if you have any questions on the above and I will be glad to Answer and explain further.

If I have Answered your question completely, please be kind enough to leave a Positive rating so that JustAnswer will give me credit for assisting you,

Kindest Regards,

ANDREA

Customer: replied 1 year ago.
A foreclosure schedule is exactly what? It's set for a day and time is that the auction?
Customer: replied 1 year ago.
I just called the sherifs office and they had no idea what I was talking about
Expert:  Andrea, Esq. replied 1 year ago.

A "foreclosure" is the name of the legal action brought by a lender when the borrower/owner of the property has failed to make the payments of their mortgage loan as required by the Note and Mortgage signed by the borrower when they first took out the loan to buy the subject property. When the owner fails to pay the monthly installment, as required by the Note and Mortgage, the lender files a lawsuit against them. This is called a "foreclosure action". When the lender wins this lawsuit, they obtain a judgment against the borrower and ask the Sheriff to include the property on their list of properties to be sold by the Sheriff. When the Sheriff conducts the auction and sells the property, the person who bids at the Sheriff's Sale will pay the Sheriff the amount that they bid for the property at Sheriff's Sale. The Sheriff takes his fee from the proceeds of the sale and gives the balance of the sale proceeds to the bank in repayment of the loan they extended to the owner to initially buy the property.

If you called the Sheriff's Office and gave them the property address, they would be able to tell you if the property of your landlord was on the list for sale at the next Sheriff's Sale. If it is on the list, then it is one of the many properties that the Sheriff will sell at auction at the next Sheriff's Sale.

ANDREA

Customer: replied 1 year ago.
Was somewhat helpful but had to research further on the the correct agency for our area - did supply information that was given in a timely fashion but I don't think it was worth the cost
Expert:  Andrea, Esq. replied 1 year ago.

I can only give you Answers based on the information you supplied in your facts. I apologize, but I do not know what you mean by having to "research further to find the correct agency for your area". The Sheriff is the only individual who is authorized to conduct sales of properties when an owner has defaulted in the payment of their mortgage loan and his lender has sued him for payment by foreclosing on the mortgage loan.

Please let me know if you need further explanation on anything and I will be glad to explain further

Please be kind enough to leave a Positive rating. You have already placed a deposit and leaving a positive rating will not cost you anything additional, but it is the only way that JustAnswer will give us credit for assisting customers. Thank you for understanding, Kindest Regards, ANDREA
Customer: replied 1 year ago.
Sheriffs office does not handle it in my county it's handle by the Supreme Court and its filed under referees notice of sale in foreclosure -
Expert:  Andrea, Esq. replied 1 year ago.

The Supreme Court is the Court where the lawsuit is commenced against the defaulting mortgagor, i.e., where the mortgagee sues the mortgagor who has not made the monthly installments payments as required by the Mortgage Note to repay the loan taken out to purchase the property in the first instance. The Court will enter judgment in favor of the mortgagee (usually a bank) who will take the judgment of mortgage foreclosure to the office conducting the sale - the Referee's office in your situation. But most sales conducted after a mortgagee obtains a Judgment of Foreclosure are accomplished by the Sheriff's Office because the Sheriff has the authority to sign a deed transferring title to the property to the winning bidder .

Best of Luck,

ANDREA

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