Legal Question in Civil Litigation in Georgia
I am a tenant and my landlord who owned the house I was renting was FORECLOSED on. Do I need to also answer the Dispossessory Answer if I was a tenant to the owner who lost the property to a foreclosure?
4 Answers from Attorneys
You don't bother to tell us who filed the dispossessory case, so without the basic facts you won't get much help. The bottom line is that if the new owner wants you out, they can get you out and it would be silly to not cooperate without a lawsuit against you (which will be on your records for all future potential landlords to see).
Oh dear. Generally, the new owner can get you out. Are you in a position to buy the place? If so, you might want to negotiate directly with the lender. Its a win-win for everybody - they have a buyer and you will not have to move.
I hope that you have stopped paying rent to your landlord. Regarding you dispossessory answer, without seeing the documents, I cannot say. Was the action directed to the landlord alone or did it include you as a tenant? Again, they are going to get you out so you had better start looking for a place to live. If the action was directd to the landlord only, then no, you do not have to file anything as you are not a party to the action. And even if you intervened, it would not accomplish anything. If you are already a party, you might want to let the lawyer for the lender know when you will leave the property. You don't want to add to the costs unnecessarily.
You didn't post much detail, but unless you work out a deal with the new owner, you are likely going to have to move.
You MUST answer a dispossessory action within seven (7) days of being served (by "tack and mail" or otherwise) and the new owner or bank can evict you after 90-days (find out who "owns" property now and work out a deal if you want to stay and if they are willing to lease property).