Legal Advice Needed For Family Being Kicked Out Of Home Due To Foreclosure ?

September 14, 2009 by Da Boss
Filed under: General 

My family in Pa is being kicked out of their home by jan 1st. They received 15 days notice when their house was “sheriff sold” due their landlord not paying mortgage. My family did pay her rent for the last like 1 year, but their still being told to move. Can someone please tell me why or offer me any advice on what to do. They live in Johnstown, Pennsylvania in Cambria County.
Thanks!

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Comments

6 Comments on Legal Advice Needed For Family Being Kicked Out Of Home Due To Foreclosure ?

  1. Landlord on Mon, 14th Sep 2009 10:13 am

    2. If you fight this you only buy yourself a couple of weeks and will carry an eviction on your credit report for 10 years, plus have to pay for it all to boot.
    Although you should have been receiving notices in the mail long before this you can not legally stay in the property any longer. You need to find another rental.
    You will not owe rent past the sales date, so you may be due a small refund from the landlord.

  2. Jeanne R on Mon, 14th Sep 2009 1:42 pm

    3. I’m sorry but unfortunately your landlady no longer owns the house. Most likely the bank owns it now unless the bank actually found a buyer at the sheriff’s sale. You could contact the bank or the new owner and ask about renting the house from them for awhile. They may be happy to have a renter in there while the dust is still clearing. Other than that there is really nothing that you can do. The sheriff can put you out since you no longer have a rental agreement with the legal owner of the house.

  3. Mary on Mon, 14th Sep 2009 1:46 pm

    4. They need to speak with an attorney in the area who is experienced in landlord-tenant law, and they need to do it NOW! If they have a lease, they should take that with them to the attorney. Sometimes renters have rights to stay after a property is sold, and sometimes they do not, and that can vary according to the rental agreements, state laws, and the property sale terms. They need an attorney to sift through it all for them.

  4. I Buy And Sell Houses on Mon, 14th Sep 2009 4:55 pm

    5. This isn’t legal advice; I’m not a lawyer. However….
    If the loan was insured by Fannie Mae or Freddie Mac, you may be able to stay. See http://www.nytimes.com/2008/12/15/busine… Essentially, the problems gotten so big that those insurers are letting people stay.
    However, legally, there isn’t much you can do. Your family paid the rent, but that was a contract between you and the landlord. The property owner was foreclosed upon; that was a situation between the owner and the lender. You, unfortunately, have no standing in that matter.
    So: Find out if the loan was handled by Fannie Mae or Freddie Mac. If so, do a bit of online research on the procedure to follow to stay in the home.
    Hope that helps.

  5. Kaska on Mon, 14th Sep 2009 5:50 pm

    6. This has been in the news. People paying rent and the property owner not paying the mortgage. It is really messed up. Not much they can do about staying in the home. Best they start packing and looking for a new place.
    They may be able to take their landlord to court for moving expenses.

  6. Antacid on Mon, 14th Sep 2009 11:09 pm

    7. Trust me you are screwed. You have no legal avenue. Pack your bags and leave and take your punch in the face.
    Relax, adjust, move on and life will be better.
    I pray for you at Christmas. I pray your family has the best of care.

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