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CreditFanatic
I'm currently renting an apartment in Florida in Pre-Foreclosure, I have been paying rent and have the following questions:

How will I know when the apartment goes into a full foreclosure? Is there a website where I can perform a search?

And Will I get the first shot at purchasing the property from the bank once it enters foreclosure.

Thanks in advance for all your help!
orangecrush
How do you know it is in pre-foreclosure? Until the foreclosure case is completed (in favor of the bank), the only person you can buy the home from is the owner. The bank can not sell it until after the foreclosure is complete.
CreditFanatic
We were served the court papers because we are renting the apartment and also because it is showing as a pre-foreclosure on realtytrac.
orangecrush
QUOTE (CreditFanatic @ Mar 3 2009, 11:07 PM) *
We were served the court papers because we are renting the apartment and also because it is showing as a pre-foreclosure on realtytrac.



The property currently has a foreclosure case filed against it. That is why you were served. It is in "full foreclosure" (if I understand your sue of the term) now.

If the bank wants to sell it to you they can only do that when the case is over. Once the case is over, don't be surprised if the bank gives you the boot from the apartment.
WalterRego
I'm not that familiar with Florida law, but if you were served and named in the action (as is required in other states) you are a party to the action. File a notice of appearance, perhaps legal services can do it for you, sometimes attorneys for the banks will or must treat even a letter from a party as an appearance. In the appearance say that you want notice of all steps in the action (assuming that is permitted in Florida - again get a Fla attorney or legal aid rep). That would give you written advance notice of all the steps in the action. You could even bid at the sale if you have the means and wherewith all. You could also contact the owner and see if he'll sell to you and then you bring the mortgage current (check to see how much is owed and if the apt is worth it, and also if you owe the Condo or Coop Board too).

If the apt is being foreclosed on, you might also consider not paying rent to the landlord. You entered into a lease for a specified term. Due to the foreclosure you won't be able to stay for that full term. He has anticipatorily breached the lease. He likely also doesn't have the $$ or inclination to evict you in local court. If he did, the Court might be quite sympathetic to you if you are going to have to get out a lot sooner than expected due to the foreclosure. Maybe he deceived you when entering into the lease. Lots of possibilities

You could save that money to look for a new place, make a downpayment or do a deal with the bank.
orangecrush
QUOTE (WalterRego @ Mar 5 2009, 04:16 PM) *
I'm not that familiar with Florida law, but if you were served and named in the action (as is required in other states) you are a party to the action. File a notice of appearance, perhaps legal services can do it for you, sometimes attorneys for the banks will or must treat even a letter from a party as an appearance. In the appearance say that you want notice of all steps in the action (assuming that is permitted in Florida - again get a Fla attorney or legal aid rep). That would give you written advance notice of all the steps in the action. You could even bid at the sale if you have the means and wherewith all. You could also contact the owner and see if he'll sell to you and then you bring the mortgage current (check to see how much is owed and if the apt is worth it, and also if you owe the Condo or Coop Board too).

If the apt is being foreclosed on, you might also consider not paying rent to the landlord.
You entered into a lease for a specified term. Due to the foreclosure you won't be able to stay for that full term. He has anticipatorily breached the lease. He likely also doesn't have the $$ or inclination to evict you in local court. If he did, the Court might be quite sympathetic to you if you are going to have to get out a lot sooner than expected due to the foreclosure. Maybe he deceived you when entering into the lease. Lots of possibilities


You could save that money to look for a new place, make a downpayment or do a deal with the bank.



I do live in Florida. Judges are not taking kindly to tenants who think they can stay somewhere for free. The list is growing of the people I know of who, now have a filed eviction against them, for following that sort of advice.

It can be pretty difficult to get another place to stay if you have an eviction action filed against you.
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