served papers regarding landlords foreclosure Miami

This past Saturday, here in Miami, we were served summons papers regarding foreclosure on my landlord's house which we are living in. It is a summons in which we have to reply within 20 days and following that we will receive a court date by which we will have to appear in court.

Do you have any idea what else we should do in order to get our last month's check as well as security deposit back- $5600.

How long does this process take?

Will we be evicted and how much notice will we get? Our lease is to expire March 1, 2008.

I am so stressed about this. Are there any tenant rights regarding foreclosures?

Please- any information will be greatly appreciated.

Many thanks in advance

Unfortunately, few states have granted tenants rights in these matters yet. Do an online search to be sure your state isn't one of the few that has. Was this paperwork only for the foreclosure, or did the LL also file for BK at the same time? Giving you time to reply and a court date to appear sounds like you have been listed as a creditor in a BK suit. If he lists you as a creditor and it is granted, you will get nothing back. By putting you on a BK as a creditor, he would be seeking to discharge the debt he owes you. Perhaps I am wrong, but I think you should read those papers carefully just in case.

Normally you do receive a notice of the foreclosure sale, but no summons to appear at a foreclosure hearing. Since you are not a party to the debt, you would have no right to that hearing. (privacy issues) That debt belongs to the LL solely. You are informed of the sale since it affects you. At the sale, if a bank retakes possession, you might receive cash for keys (used to be the norm, but this is ocurring more rarely since so many foreclosures are on the market). If sold to a new buyer, you should receive the state time limit for vacating. That could vary from 15 to 30 days - check your state law. Be prepared before the house is sold so you can move immediately after. But be aware that many homeowners pull a house out of foreclosure at the last minute. They refinance or work something out with the bank, or do a short sale (your lease would survive intact if sold in a short sale). If it never goes to foreclosure, your lease is still in effect.

I suggest talking to your LL about this and ask if you can stay rent free while you look for a new place to rent. Foreclosure sales are normally several months after the court hearing. It is a slow process in most states.

Thanks for the reply. Unfortunately I believe my Landlord is rather shady and has probably left the country. I haven't seen him nor talked to him since June. He was sending his brother around for the check and now this passt week someone else came. I debated not giving it to him- and now I regret it. I have to pay rent though by law.
Another huge concern I have is that on my lease there are 2 names but I have always written the check to only one. The summons mentions the name of a landlord whom I have never met nor written the check to. I am so worried about all this.
Also, why would we be listed as a defendant?

The papers we received state;

"CountryWide Bank"
Plaintiff
VS
My landlord, et al.,
defendants

Summons
Personal Service on a Natural Person

To Defendant:

Unknown Tenant (that would be me and my family)
address...
(Def #04)


Then it states we have 20 days to reply to the summons .

Another page states
Complaint to Foreclose Mortgage and Reestablish Mortgage and Reformation of Mortgage

Countrywide!!! Aaargh! They are notorious for having repos right now.

I'm not sure I would give the rent check to anyone but the LL. How do you know it is going to the LL? You don't know the person that is picking it up. If they return for the rent just tell them that the LL hasn't authorized you to give his rent money to anyone else and you can't give the rent check to anyone but the LL without his written authorization. Ask them to have the LL contact you about the rent that you have for him. I might even give them a written letter to that efect. State that you have his rent, but since he has not authporized you to deliver the rent to anyone but him, that you aren't comfortable handing his money over to a total stranger. Ask him to please contact you so you can pay *HIM* the rent as required in the lease.

I think I would also contact the person's name on that Countrywide letter and ask for more info about this leter and why you are being asked to respond. Explain that you are a tenant in the house and that you need to be kept informed so you can move when you are required to. This is the first time I have ever heard of a tenant being asked to respond to a LL"s foreclosure suit. Perhaps they are just trying to establish that you are the tenant.

Thanks for the information.

I really don't want to pay him rent anymore as I am sure he is no longer in the country and has run a fraud thing with the house. Anyhow- by law I have to pay rent, and my lease is up March 1, 2009.

My thought is to open an escrow account to deposit the rent check- to prove I am paying it. I do not want to pay Nov and Dec rent as I am owed last month and security deposit. What if I did the escrow thing?

Thanks again

Most states only allow rent escrow in cases of uninhabitability. (Rent escrowing isa done with the clerk of court.) There is nothing about your house that makes it uninhabitable. Sorry, I suggest again the above, sending written notice by certified mail that you have his rent. Keep a copy of this. By stating to those that come to pick up the rent that he has not authorized you to pay anyone but him, and asking the person to have the LL contact you so you may pay him properly. No one but the property owner and an attorney may file an eviction against you for non-payment so the brother or stranger are unable to do this. Keep the rent in a seperate account at the bank so it is available ofr the LL if he does show up to collect. You would still have the rent but would be able to show that you sent letters making attamepts to pay the rent. Send the certified latter about paying the rent each time it comes due.