Legal Question in Real Estate Law in Florida
My parents who reside in kissimmee,fl have been renting a house. Now the owner had given my parents who are both disabled a lease knowing that the house was being foreclosed. Another thing was that he was married and his wife filed for bankruptcy and so did he on October 2010.
My parents have been paying $1000 for the past two years and had given one month security. Two notices have been sent to the home address stating that the house is under foreclosure by Chase bank the lender.
Yesterday the owner called my parents and told them that he would like for them to move so that he can move his cousin's family in. Is this legal? the house is listed as shortsale my parents are confused and not sure what to do.
What legal steps can my parents take being both are disabled? Can the owner take back the house even though he filed for bankruptcy and the house is under foreclosure?
thanks,
Rafael Hernandez
1 Answer from Attorneys
Bankruptcy and foreclosure are seperate issues from your parents right to stay in the home. Home parents' rights are based on their lease agreement. Untill a foreclosure sale occurs, the owner is still the rightful owner of the property. They can lease/rent the property. The lease your parents have is a contract. The landlord/owner is bound by that contract. I would recommend your parents or you record the lease with the county clerk office. This way anyone that tries to buy the home via short sale is on notice of renters being on the property and they have to honor that lease agreement if purchased for a short sale. Also recommend doing this so if the home is sold at a foreclosure sale, your parents are protected for the remainder of the lease or 90 days, whichever is longer (unless the purchaser at the foreclosure sale purchases the home to move in). Hope this helps.
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