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Home Foreclosure: M2M tenant, rec. 2 letters which is 4 me?

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Home Foreclosure: M2M tenant, rec. 2 letters which is 4 me?

Postby blacksheeplily » Wed Oct 05, 2016 9:38 pm

The homeowner's house, who was the LL and my roommate, is officially in foreclosure in Westchester, NY. I read over the M2M tenant rights in the TenantNet Forum, but this situation is slightly different.

The LL left on September 5th - for a lengthy rehab. Since then, his two sisters have taken over. Just after the foreclosure papers were dropped off at the door (I took a copy, they left 6), I received a letter from the sisters telling me I have 60 days to leave. They told me they don't want to endure the utility bills, and my being here will be an added expense. I offered to pay more - to no avail.

However, I ALSO received a pink form letter from the trust and law firm foreclosing party (1303 Tenant Notice of the Real Property Actions & Proceedings Law) In short, informing me that if I have a lease I may be entitled to remain, if it was not substantially less than fair market rent for the property. If I do not have a lease, I will be entitled to remain in the home until 90 days after any person or entity acquire the title. etc, etc. required by section 1305 of RPAPL.

I've paid my rent in cash every month, and gotten receipts. The first year, however, was paid by a NY state check - as I'm on SSI. The rent would be substantially less than market - if the duplex were up to market standards. But given the state of the duplex, it is fair. I am renting a room in the home of a hoarder and clutterer. It is disgusting.

But the areas I live in are usable and clean - after I spent my first days cleaning, and now, maintaining- the kitchen, bathroom, my room, and the landing. I did 60 loads of his laundry just to be able to walk past the landing. So sad. It was a beautiful duplex in a community along the Rivertowns.

Which letter do I have to pay attention to? At this point, I'm pulling for the foreclosure (I think?). And, if I reveal what I'm paying, should I explain why? I don't have enough money to move yet. What do I do to fight? What will buy me more time? Will anyone read this? That's the advice I'm seeking.
"If you're going through hell, keep going" - Winston Churchill
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Re: Home Foreclosure: M2M tenant, rec. 2 letters which is 4

Postby TenantNet » Thu Oct 06, 2016 7:36 am

This post gets into territory (tenants rights in foreclosures) we are unfamiliar with and urge the poster to get legal advice in his area.

But in general, it occurs to me that even if the landlord is off somewhere in rehab, he's still the owner and the sisters - as you describe them - have no legal standing to order you out or bring a court case, unless they've been given some sort of legal authority.

I seem to remember that back around 2008 legislation was passed giving tenants more protections to stay in the even of foreclosures - as a result of the great recession. As much as I hate to admit it, I think that effort was brought by Senator Schumer. Maybe someone at his office might know about all that.

A little googling might give you more information:

http://www.dfs.ny.gov/consumer/tenantrights.htm
https://www.nycourts.gov/courthelp/Home ... ants.shtml
https://www.legal-aid.org/en/las/kyr/foreclosureen.aspx

I would continue to pay rent, but by check or money order where there's a paper trail. Hold on to any piece of paper you receive, make copies of anything you send. For important notices, send by certified mail.

Again, I'd check with an attorney in your area.
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Re: Home Foreclosure: M2M tenant, rec. 2 letters which is 4

Postby blacksheeplily » Thu Oct 06, 2016 1:54 pm

Thank you for taking the time to respond, and add links to aid me further.

It's sticky territory. That he's given them Power of Attorney is unclear. I remember she went to his bank to find out his balance, and they wouldn't give her any information; that tells me he didn't give her a PA. However, he returns in December, and he'll hit the roof when he finds I've become "difficult". Then again, becoming homeless in the middle of winter leaves one with no choice but to fight for their survival. Will do with the money order.

NYS offers little help for renters, and in google searches, even more so to find when keywords "New York and Tenant" are used. Almost always, New York City groups come back. There are plenty of activist, and protection for the city - but - cross the bridge - and you're in the wild west.

I'm planning to contact legal aid, and have already contacted the entities foreclosing.

Thanks to Tenant.net, once again. Will update.
"If you're going through hell, keep going" - Winston Churchill
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Joined: Wed Oct 05, 2016 5:17 pm
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