Real Estate News

Jun, 15 2011

Are tenants protected from foreclosure when in a lease?

We are not attorneys so we always encourage clients to contact an attorney for their specific case. However to our "realtor" understanding: The Federal Protecting Tenants at Foreclosure Act of 2009 which is set to expire on December 31, 2012 does protect tenants.

We are not attorneys so we always encourage clients to contact an attorney for their specific case.

However to our "realtor" understanding:
The Federal Protecting Tenants at Foreclosure Act of 2009 which is set to expire on December 31, 2012 does protect tenants.

Bona-fide tenants who have entered into a lease agreement before the foreclosure case was filed are entitled to stay until the lease expires.

All bona-fide tenants, that entered into a lease after a foreclosure case was filed are entitled to 90 days notice before they may be evicted from the property.

If a buyer purchases a property at foreclosure for their own residence, the buyer may terminate the lease early but must still give the tenant 90 days notice.

Having said this, we screen all properties we place our tenants in for foreclosure filing and attempt to make sure the landlords we place our clients with are current on bills for this property.


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