Legal Question in Real Estate Law in Florida
I own a home in FL on that same property is a few rental cottages. My mortgage company sent the renters a letter telling them that I was behind on my payments and if a payment was not received they would start foreclosure and they would have to move out 90 days prior to them taking the property back. Can they do that?
1 Answer from Attorneys
Yes, although it may be dirty pool to do it.
If the lender files a foreclosure suit, they will name the tenants as defendants because those tenants have an interest in the property under the leases. The foreclosure action should be thought of as an action for the lender to get the title to the property, and the tenants have an interest.
We run into this fairly frequently, and a personal conversation with the tenants unusally works.
FYI, as a practical matter the tenants wouldn't have to move out on an immediate basis even if the foreclosure suit were filed.
Robert Wilcox
(904) 281-0700
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How do I take off a tenant on a lease of party of two Asked 1/25/10, 7:25 am in United States Florida Real Estate and Real Property
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