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I lease a property that was recently sold in foreclosure in…

Customer Question
Hi. I lease a...

Hi. I lease a property that was recently sold in foreclosure in Jackson County Oregon. It was a Sheriffs sale in judicial foreclosure.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

Judicial foreclosure in Jackson County Oregon filed and Sheriffs sale 7/8/2017. I have a lease that expires 12/2018 and the purchaser is not living in the house

Lawyer's Assistant: Has any paperwork been filed?

The judicial foreclosure completed and all paperwork filed for that. the new owner has not filed any court ordered paperwork against me I want to know for sure what my rights are as far as how long I am entitled to stay on the property under current law.

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

Im not sure what else they will need to know. You got the first entry where the foreclosure is in Jackson County Oregon?

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
8/6/2017
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,111
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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Unfortunately, the foreclosure would wipe out the lease as it is in lower position than the mortgage or taxes that were the basis of the foreclosure.

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So your status now is that of a month to month tenant. The new owner would have to give you a 30 or 60 day notice to terminate your tenancy depending on whether you have been there under a year or over a year.

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After that, if you didn't vacate, then the landlord would have to file a formal eviction action to get a judgment and a writ that the sheriff would execute to force you to vacate. That takes about a month after the notice to terminate expires.

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But as long as you paid the new owner the rent during that period, they can't accelerate you leaving. If you didn't pay rent, then they can give you an 11 day notice to pay or vacate and then file to evict.

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thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 6 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

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Thanks much

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,111
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Experience: 17 years real estate, Realtor. Landlord 26 years

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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).

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