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Posted by Mark Smith on August 23, 2000 at 10:39:35:

In Reply to: forclosure laws posted by Myra on August 22, 2000 at 16:00:47:

Most leases contain a clause stating that the lease is subordinate to the mortgage. If there is a foreclosure, the lease can be cancelled, although the tenant generally has to be served with legal papers and made a party to the foreclosure proceeding.

It's possible that HUD has rules or a written agreement with the landlord that make the ordinary foreclosure rules inapplicable. You should check your lease to see what it says about foreclosure, and also ask HUD what is their specific reason for saying that the ordinary foreclosure rules don't apply.

And, in most states, a landlord can't just evict a tenant on his own, but must go to court and get a court order for an eviction. If you don't move by the date specified in the notice, the landlord can bring an eviction proceeding after that date, and the judge may give you time to move.

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: I have a valid lease with Section 8. I live in a duplex that went into forecloure in July. The house was bought at auction and the brokers are trying to evict me saying that my lease was nullified by the sale of the property. Section 8 is telling me that I can stay. The brokers gave me a ten-day notice to vacate for foreclosed properties, but I have to leave by the end of the month 8/31. I have three childen and don't know what do. What should I do? Need help fast.

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Comments:
: Most leases contain a clause stating that the lease is subordinate to the mortgage.  If there is a foreclosure, the lease can be cancelled, although the tenant generally has to be served with legal papers and made a party to the foreclosure proceeding.  

: It's possible that HUD has rules or a written agreement with the landlord that make the ordinary foreclosure rules inapplicable.  You should check your lease to see what it says about foreclosure, and also ask HUD what is their specific reason for saying that the ordinary foreclosure rules don't apply.  

: And, in most states, a landlord can't just evict a tenant on his own, but must go to court and get a court order for an eviction.  If you don't move by the date specified in the notice, the landlord can bring an eviction proceeding after that date, and the judge may give you time to move.  

: 
: :
: :  I have a valid lease with Section 8.  I live in a duplex that went into forecloure in July.  The house was bought at auction and the brokers are trying to evict me saying that my lease was nullified by the sale of the property.  Section 8 is telling me that I can stay. The brokers gave me a ten-day notice to vacate for foreclosed properties, but I have to leave by the end of the month 8/31.  I have three childen and don't know what do.  What should I do?  Need help fast.


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