Legal Question in Real Estate Law in Florida

Rental in foreclosure before signed lease

Friends of mine rented a home, that come to find out was in foreclosure 3-4 months before signing a lease. It has since has a final judgement. What are there rights. How long will they have to leave after the sale? Will they have to leave? Can they go after the agent for not disclosing this foreclosure info? How long after foreclosure is the home sold? Do they have to right to leave without notice due to the foreclosure? Any other advice would be helpful.


Asked on 10/31/07, 7:31 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Rental in foreclosure before signed lease

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, they will probably have to leave prior to the sale but most certainly once the new Buyer takes title which is 10 days after the sale. If they do not leave, the Buyer will have them evicted unless arrangements have been made to remain in possession as the tenant of the new Buyer.

If the agent is a licensed broker or salesperson and knew of the foreclosure pending, then they could file a complaint with the Florida Real Estate Commission (FREC) against them. FREC's info can be found online by using Google.

Scott R. Jay, Esq.

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Answered on 10/31/07, 9:18 pm


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