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.
1 Answer from Attorneys
Re: Rental in foreclosure before signed lease
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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.