Legal Question in Real Estate Law in Georgia

rent out property before foreclosure complete?
If I decide to foreclose [security deed gives me power of sale]on a couple because they missed several payments, may I legally ask them to leave the premises and subsequently ''rent'' the house to another party for several months to maintain a cash flow before the foreclosure proceedings are complete?
If requested to leave before foreclosure complete must the evicted party be responsible to maintain homeowners insurance, and would they be liable for damages/injuries?Would the departing party have to pay pro rata property tax from departure to foreclosure completion?
Would the departing couple be entitled to any rent I may receive since the deed is still in their name at the clerks office?

Asked on 7/17/02, 12:05 am

Lynwood Jordan Lynwwod Jordan, Attorney at Law

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Re: rent out property before foreclosure complete?

You cannot force them to leave until after foreclosure. They still own the house, at least the right of possession, not you.

If you and they reach some agreement where they leave, make sure it is done in writing by an attorney.

Answered on 7/17/02, 8:17 am

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