Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

my parents hold the mortgage on a condo that me and my ex wife.

they want to foreclose on...
my parents hold the mortgage on a condo that me and my ex wife. they want to foreclose on the mortgage since we haven't been making the payments since the divorce. they want me to move in there after the foreclosure. there is no rental agreement with the existing person in the condo. she pays no rent, but pays the taxes and condo fee. how long would it take to get existing tenant removed once they foreclose?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
7/28/2013
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,016
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Tenancies are not automatically terminated by foreclosure. The "Protecting Tenants at Foreclosure Act of 2009" provides that bona fide leases survive a foreclosure -- meaning that unless the tenant is not willing to voluntarily leave earlier, the tenant can stay at least until the end of the lease entered into before the notice of foreclosure, and that month-to-month tenants (which is what this existing tenant is considered) are entitled to 90 days' notice before having to move out. An exception was carved out for the buyer who intends to live on the property -- this buyer may terminate a lease with 90 days' notice. This situation...i.e., the 90 days in your case with the month to month tenant....is what has given birth to the concept of cash for keys...where you offer the tenant a cash award to leave early.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,016
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
Richard and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/
Ask Your Own Real Estate Law Question
Thank you also for the very generous bonus! I truly appreciate your kindness!!
Ask Your Own Real Estate Law Question
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,016
56,016 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
If my landlord doesn't have a signed rental agreement can
If my landlord doesn't have a signed rental agreement can she evict me. She gave me a notice with cause they didn't have any time to cure and none of the things that were are on the notice were true … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
I am evicting a month-to-month tenant and he has refused to
Hi, I am evicting a month-to-month tenant and he has refused to come out of his trailer to take service from me. I already have sent a certified letter that will come Monday. What do I need to do - ge… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My company had a month to month tenancy with no lease for 18
My company had a month to month tenancy with no lease for 18 years. The company could no longer pay the rent. I received an email from the landlord to vacate in a week. Subsequently, the landlord sued… read more
KJL LAW
KJL LAW
Juris Doctorate
1,756 satisfied customers
I was on a month to month lease, I was given a 60 day notice
I was on a month to month lease, I was given a 60 day notice to vacate which ends this saturday but have not found a place to move due to wanted to buy and was not ready when served this notice. When … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I have tenants in a month to month lease situation (in new
Second opinion] I have tenants in a month to month lease situation (in new hampshire) and have provided them a new list of rules and regulations to sign, the deadline to return them is tomorrow, at wh… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
I have tenants in a month to month lease situation (in new
I have tenants in a month to month lease situation (in new hampshire) and have provided them a new list of rules and regulations to sign, the deadline to return them is tomorrow, at which point I woul… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am the sole renter on a rental agreement. My landlord has
I am the sole renter on a rental agreement. My landlord has given me permission (verbally) to have a room mate. my current room mate has become intolorable to deal with..claiming mutual space in home … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
I am on a rental Agreement with my daughter. I have not been
I am on a rental Agreement with my daughter. I have not been living at the apartment, However, I pay the rent. She is bi-polar, and now on drugs. She is presently in a psychiatric unit. She was given … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
At. my landlord has terminated my rental month to month
Hello, my name is***** at***@******.***. my landlord has terminated my rental month to month agreement and I have been given a 60 day notice to move. However I cannot find a place to move to and have … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I am a homeowner w a verbal month to month someone renting a
I am a homeowner w a verbal month to month someone renting a room from me. What do I do to evict her. I sent an email requesting she leave in 30 days … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
If I go to an online site to print a rental agreement to
If I go to an online site to print a rental agreement to rent a room in my home, do I need to register it with the city or county for it to be valid and enforceable?… read more
Damien Bosco
Damien Bosco
3,376 satisfied customers
I have a tenant that signed a rental agreement, sub leasted
I have a tenant that signed a rental agreement, sub leasted the other side of her apartment, and both paid me rent for the apartment. This happened several times and finally she fell behind aprox a ye… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a question about a rental agreement. I rent from my
Hello, I have a question about a rental agreement. I rent from my ex-brother in law and have for the past 17 years. I have never had a lease and now he wants me to sign one. The problem is with the le… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,292 satisfied customers
I have no rental agreement how fast can I be evicted,
I have no rental agreement how fast can I be evicted … read more
KJL LAW
KJL LAW
Juris Doctorate
1,756 satisfied customers
I have a rental agreement with a property management company
I have a rental agreement with a property management company who represents the owner. The owner has contacted me saying they severed ties with property manager and i must enter into a new agreement w… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
Is a three year rental agreement allowed in florida. Also
Is a three year rental agreement allowed in florida. Also the tenant never signed or notarized the lease or lease option and returned it to me for final acceptance. Is it valid. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I signed and paid a rental agreement for 1 month in SF. Day
i signed and paid a rental agreement for 1 month in SF. Day before my move in day owner said he wanted a two month and to pay the difference. when I refused he refused to honor orignal agreement, forc… read more
socrateaser
socrateaser
1,031 satisfied customers
My son is listed as the tenant on his rental agreement, and
My son is listed as the tenant on his rental agreement, and he is the only one the signed it. Hi ex-girlfriend and her 4 kids are listed in the agreement, but she did not sign anywhere. CPS recently t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x