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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Junior Member
Last Online:
Aug 17th, 2007 07:07 AM Join Date: Aug 2007
Posts: 1
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tenant riights when property is foreclosed
I live in Missouri and have been leasing my home with my 3 children for the past 6 years. My landlord lost the property to foreclosure and the mortgage company took me to court for unlawful detainer. The courts ordered me to vacate the property in 30 days. I was denied a lease with the mortgage company under their conditions. I was denied a 60 day plan to vacate. I sent my fixed lease that was a legally binding contract (or so I thought) thru April 2008 to courts and mortgage co. prior to court date. I have no money to move and fear this unfair scenario may help my ex get the primary custody of my daughter that he wants.
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#2 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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I hate to be the bearer of bad news, but in most states foreclosure supercedes all tenants' rights. When the property is foreclosed on, the lease is null and void. It no longer is valid as the person who wrote it (the one leasing you the place) no longer owns the property and has no right to give you permission to live there anymore. This is why the bank and the courts ignored the copy of your lease that you sent to them. Had the property just been sold by a realtor, the new owner would have had to honor your lease. But not when it is in foreclosure. If you do not vacate within the 30 days, the bank may evict you. I'm sorry.
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