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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33069
Experience:  12+ yrs. of experience including real estate law.
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I lost my home on a foreclosure sale via public auction. I

Customer Question

I lost my home on a foreclosure sale via public auction. I have tenants in the house. The courts issued a 2 week eviction notice today. The tenant lease ends Feb 2017. I don't know who purchased the house. What can I do so that the new owner honor the lease until Feb 2017. So that the tenant does not end up displaced?
Submitted: 16 days ago.
Category: Real Estate Law
Expert:  P. Simmons replied 16 days ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 16 days ago.

I am sorry for this dilemma.
How long ago was the auction?

Customer: replied 16 days ago.
It only took 1 day. Yesterday, Nov 15, 2016.
Customer: replied 16 days ago.
I am currently In the air on flight from Florida I was hoping to got some guidance as my property manager and the tenant are really upset.
Expert:  P. Simmons replied 16 days ago.

You mention eviction case...it foreclosed yesterday and today they received an eviction notice? Is that correct?

Customer: replied 16 days ago.
All I can provide is what the law firm that was assuring me in getting a loan modication told. I am devastated as it was never my intent on losing my house. I received an email from my lawyer on 28 Oct 2016 informing me that the court had issued a sale date of Nov 15. Already on Nov 14 my home was been advertised on Public auction and on Nov 15 sold. Today I received a phone call from my property manager stating that an eviction notice of 2 weeks has given vacate the house.
Customer: replied 16 days ago.
House was sold on a public auction by the bank Nov 15 and an eviction notices was issued to vacate house in 2 weeks.
Expert:  P. Simmons replied 16 days ago.

THanks
FL law REQUIRES the new owner give at least 30 days...so the 2 week notice is inadequate. You can see the law that applies here
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.561.html

Now...as the prior owner, you have no standing (no legal rights)...so you can not force the new owners to do anything...that said, if you contact the new owners (I expect the tenants have their contact info) it may be you can negotiate with them to allow the tenants to remain longer than the 30 days.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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