LANDLORD FORECLOSED, WHAT TO DO

MY LANDLORD FORECLOSED AND THE BANK IS NOW THE OWNER AS OF DEC 17TH, I RECEIVED A NOTICE TO VACATE ON OR BEFORE DEC 30TH. I UNDERSTAND I HAVE 90 DAYS UNDER THE PROTECTING TENANTS IN FORECLOSURE ACT OF 2009. WHAT DO I DO NEXT. THE BANK OR THEIR ATTORENYS REFUSE TO TALK TO ME. THEY SAY THEY WILL TAKE LEGAL ACTION IF I AM NOT OUT BY THE 30TH.

[Lexus]

Before May 2009 the fate of tenants/renters residing in foreclosed house was pathetic because with the foreclosure proceedings the existing tenancy comes to an end and the tenant will be evicted by the new landlord. But in May 2009 "Protecting Tenants at Foreclosure Act of 2009." Came into existence This legislation provided that leases would survive a foreclosure -- meaning the tenant could stay at least until the end of the lease, and that month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants). An exception to this rule is that the buyer who intends to live on the property can terminate the lease and evict the existing tenant. But this case too 90 days notice is mandatory. In your case, the given facts prove that the bank provided you with only 15 days notice instead of the mandatory 90 days notice period. Bank cannot proceed against you all on a sudden, because statue is strict about the 90 days notice period. So it seems that you can challenge the eviction proceedings initiated by the Bank. It is also advised that you may consult with an Attorney who is dealing with landlord tenant issues at the earliest and be prepared to have a legal battle.

[AFFA]

I wish to inform you that you may demand that under foreclosure law a tenant's original lease will now survive and in case of month to month tenancy 90 days eviction notice will be required. In this regard, the bank may not evict you before the said period. Eviction before the said period is not allowed and hence bank may not do so. You may send your reply in writing and keep a copy thereof that you cannot be evicted in violation of the law.

AFF