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Due to medical issues I am behind on a mortgage on a rental…

Customer Question
Due to medical issues...

Due to medical issues I am behind on a mortgage on a rental property that I own and I have on leasesrent 3 units to 3 seperate tenants and yesterday received a notice of a foreclosure sale

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I want to know if in TN the foreclosing party has to honor the lease term and rent prices until the current leases expire

Lawyer's Assistant: Have you talked to a TN lawyer about this?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If not how long does the foreclosing party have to give the tenamts that are on written leases to vacate?

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 1 minute by:
3/23/2018
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 10,332
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
I am looking for an expert in TN foreclosure law as it relates to if my tenants leases must be honored after a bank foreclosure. If not I need to know how long the bank or new owner has to give them to vacate.
Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thanks for your patience. If your tenants have an existing lease or rental agreement, then the existing lease or rental agreement must be honored for at least the rest of that time, even if the home is foreclosed upon under federal law adopted by the state of TN (The Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, §§ 701-704 (2009).) Accordingly, your tenants on the property should be fine, but once their lease is up, the new owners can ask them to vacate.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
I read that that federal law expired at the end of 2014 or sometime like that and I couldn't find anywhere where it was renewed are you sure that that's still the current law in Tennessee that they're leases that are written will have to be honored for the lease term? Sorry to kind of asked the same question again but I just want to be sure before I tell them that I just wanted to make sure I was clear
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I understand. Let me see if I can verify for you. Just one moment, ok?

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Customer reply replied 1 month ago
does it apply if the new owner is a bank or does the bank only have to give shorter notice
Lawyer: Legal Eagle, Lawyer replied 1 month ago

No problem. Let me double check in case something has changed. My resources may be out of date on this issue in TN so I'll confirm. One moment...

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Customer reply replied 1 month ago
Thanks a bunch!
Lawyer: Legal Eagle, Lawyer replied 1 month ago

Ok, so what stinks is that I can't confirm or deny whether Tennessee still recognizes the act. Based on everything I've seen, from Avvo.com to the state of TN's website to the TN code regarding evictions of renters, As a result, I don't want to waste your time or your money so I can opt out and let another expert may may have a clearer idea help you. Is that ok?

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Customer reply replied 1 month ago
Thank you.
Customer reply replied 1 month ago
Are any TN lawyers on bere specifically?
Lawyer: Legal Eagle, Lawyer replied 1 month ago

No problem. It's tough to say. Some are licensed in multiple states; some only in one. This is a state-specific question so it may be difficult to get answers on here about something like that. Based on what I can see, I don't see any change in the law, but I can't confirm or deny whether TN still follows it. One thing I can do is look at the resources you've looked at. Do you have the websites that you have reviewed that told you they don't follow that act anymore?

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Customer reply replied 1 month ago
Those did not mention Tennessee specifically that was said that the ACT had expired I don't know how reliable BiggerPockets is but it had an article about this exact scenario in Tennessee and it said if they had a written lease that it was must be followed or something like that as far as the new owner has to honor the lease term the other websites were saying that the federal law expired and some states adopted it and others didn't continue with it. It's hard to believe just what you read on the internet though LOL
Customer reply replied 1 month ago
One website that had a list of all the different states only had a 30 day notice required for Tennessee though I might be able to find it I don't know how to send it here give me a few minutes I can just post the website
Lawyer: Legal Eagle, Lawyer replied 1 month ago

Ok. This is going to bug me if I don't get a resolution to this. Bear with me a few more minutes while I check out a few things...

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Customer reply replied 1 month ago
At pocketsense.com they had some of the most current info based on the date of the article but i dont know how reliable it is...the name of the article is Tenants rights during foreclosure in TN
Customer reply replied 1 month ago
They dont annotate a current tn law...and i could find other sites with confusing info that says 30 days but it doesnt distinguish if that relates to tenants woth a written lease and may just be the minimum allowed notice to vacate for tenants not on a written lease..so many questions amd details
Lawyer: Legal Eagle, Lawyer replied 1 month ago

Ok, so that act I mentioned did expire in 2014. So, I apologize that the information is out of date. The only problem is that I cannot find anywhere on any of my trusted resources, including 66-7-109 of the TN Code, that describes what the process is. This probably explains your confusion and frustration (and mine too) about this situation. What happens sometimes is states don't have a code that says one way or another if a party has rights to do something or not.

Some states, like California, have codes regarding the process if a home is foreclosed upon. Usually, they have 90 days. Nothing I've seen is newer than 2014 regarding this in TN and some of it is as old as 2011.

With that said,, here is my recommendation. The first thing I would do is get a second opinion, which is free, from Just Answer. You can still rate your opinion of my service, but you can always get a second opinion to find out more.

In addition, I think the wise thing to do would be to advise your tenants that it is likely that the bank will provide them a 90 day notice that they must leave the premises after the foreclosure sale takes place. There is simply just a gap in the law in your state regarding this. It is possible that when they receive notice, there may be some additional codes or statutes that the bank says that they are following which may help and you can confirm and verify (and even come back here to the site to confirm and verify) but based on my review, I don't see that there's any special protections for tenants during a foreclosure in your state.

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Customer reply replied 1 month ago
Can you send me back through the just ask system to get another opinion...i I actually asked a bankruptcy lawyer this question recently a few months ago and I believe he quoted the federal law that the internet says expired in 2014 and I believe I left there feeling much better but then got worried when a lot of the internet said it had expired it's been maybe 6 months ago though so it's hard to remember but I believe I left there feeling a little relieved however he practices bankruptcy most the time not real estate so I don't know if his information was out of date or if he just knows that Tennessee still goes by it?
Customer reply replied 1 month ago
Can i search this site for a specifically tn practicing lawyer somehow?
Lawyer: Legal Eagle, Lawyer replied 1 month ago

Sure. I'll opt out and it'll get back to the question queue. You probably won't be able to search for a TN-practicing lawyer who specializes in foreclosures like that. You may need to check your local state bar for that information. However, the lawyers on here are very good and someone should be able to help. Thanks again and I'm very sorry I couldn't help.

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Customer reply replied 1 month ago
Its ok
Customer reply replied 1 month ago
Thanks for sending me back
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