Legal Question in Real Estate Law in Florida

My husband and I moved into a rental property in Florida in April 2010. Prior to signing the rental agreement with the Property Manager, I spoke to the "owner" of the property and he assured me AND the property manager that this property was not in foreclosure. 2 months later I receive a 'notice of foreclosure' in the mail. I contacted the "owner" and the property manager and both assured me again that this was a mistake. I have since received documents of "judgement" and states such on the county clerks web site. It was scheduled to sale at auction on the day they suspended foreclosure sales due to the Bank of America problems. The "owner" wants me to pay rent to him and I have told him that until I received documents from the bank that this property is still owned by him I was not paying rent to him. The "owner" will not return my calls or the property manager. Do I have any recourse if he tries to evict us?


Asked on 10/30/10, 4:16 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

If the lender has not foreclosed on the loan, then your landlord still owns the property. This gives him the power to collect rent as well as evict you. You still owe rent for any months that you occupy the property. Since the foreclosure could take a really long time, you may want to wait it out.

You are smart to check with the county for activity on this foreclosure.

Because he lied to you, and the property is in foreclosure, and you may be given short notice to vacate (upon final foreclosure) this may be grounds for your to breach the lease and move out early. Even when the bank finally forecloses, and actually takes possession, you will have some advance notice of termination of your lease. This is why banks send notices to renters. You should be concerned about your damage deposit, if your landlord has no money. You are entitled to know the name and location of the bank where he has your damage deposit money. You also should try to get the landlord to agree to use your damage deposit for rent currently due.

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Answered on 11/05/10, 6:13 am


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