Legal Question in Real Estate Law in Florida
In December 2013 we received notice the house was getting foreclosed on February 10, 2014. We paid Dec 2013. We asked Landlord about foreclosure but he lied and said it was only loan modification.
When we paid January (in cash per his unusual request) He proceeded to tell us he was in foreclosure. He said not to worry that we had at least 2 months before we had to move out. We agreed he'd let February be FREE for us to use the money to find a different place.
We looked and found a place to buy. On January 14 we got him to sign and notarized that we had paid everything up to January in full and on-time. A week later he wanted for us to sign an agreement to vacate by January 31 which we did not sign since that was not the agreement we talked about. I didnt hear from him again and on January 30, he filed eviction. On February 10 final judgement came down on the house. we received eviction notice on Feb 12. I tried to contact him several times without success before the 12. He was avoiding me.
2 Answers from Attorneys
You could have opposed the foreclosure and asked for more time.
Eviction notice as in Summons? Does the complaint allege amounts due which are incorrect? You need to hire an attorney. He cannot evict if you paid the rental and have an agreement. The free month, if not in writing, is going to be a problem. The final judgment on the house provides for a sale date and you would have additional time based on the Federal Statute Protecting Tenants at Foreclosure Act of 2009. Seek some legal guidance
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