Legal Question in Real Estate Law in Florida

tenant rights under foreclosure

My family and I moved into a beautiful home under a verbal rental agreement. The man with whom we had the agreement turned out to be a real estate con man who paid someone to use their name and good credit to purchase this home, extracting all the equity and then some. He has since fled the country and now the home is in foreclosure. the mortgage co. has instructed us to move out and has given us approximately a week to do so. what are our rights? we are a family of six, four small children, my wife and me.


Asked on 9/11/07, 1:50 pm

2 Answers from Attorneys

Johm Smith tom's

Re: tenant rights under foreclosure

You aren't going to have many rights, if any because you have only a verbal lease with someone who isn't a proper owner. You need to find a new location ASAP. You should know better than to enter into verbal leases.

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Answered on 9/11/07, 3:15 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: tenant rights under foreclosure

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.

Since you say the landlord is a con man who has fled the country, there is little chance of him ever getting the property back or resolving this matter. Accordingly, you should try and contact the Plaintiff's lawyer and agree to pay rent to the Plaintiff during the pendency of the action. Ask the lendor if there is a way you can continue to reside no the property until it is placed for sale. You may be able to work something out based on the current marketplace conditions and the abundance of foreclosures being filed.

Scott R. Jay, Esq.

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Answered on 9/12/07, 1:46 am


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