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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Kirk, Hello again. My home goes into foreclosure sale September

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Hello again. My home goes into foreclosure sale September 12 by the bank. What happens to my renters and to the rent they currently pay me?......thanks
Hi - Thanks for looking me up!

Are your renters month-to-month or do they have a contract?
Customer: replied 4 years ago.

they have a contract that ends February 2014

Under the Tenants At Foreclosure Act, your tenant would have at least 90 days from the date of the foreclosure sale to vacate the property. If there's a written lease agreement, the tenants are entitled to remain in the property for the remaining term of the lease UNLESS the property is purchased by someone who will occupy the property as their primary residence - - and in that case, they'd have 90 days.

As for rent, you're entitled to collect the rent through the foreclosure sale date. After that date, the new owner would have the right to the rent for the amount of time the tenant has to remain in the property.

So, at the very least, they're entitled to 90 days from the date of the sale to vacate.
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