My good friend just found out the house she's been living in (which was in forclosure) has been sold. There was a note on the door saying she has 48 hours to vacate. She is a single mom of two little girls with little to no resources. What can she do??? Any advice is very appreciated!
I can try and help her find a rental...I'm a realtor. My website is www.meredithdrews.com. Or she can contact me at ____@____.com's just an awful situation!
-M
Sounds fishy. They are doing this assuming they can get her out quickly - however I believe it is illegal. She should contact the authorities and ask them how she should proceed.
You need to contact your local housing authority and look up the new law (2008) SB 1137. It prevents exactly what they are trying to do to her. If she is in a lease they have to honor it unless the purchaser is going to be living there. There are several scenarios, which is why I recommend the housing authority, they will guide her through it. By law, she has up to 90 days before she has to vacate, depending on the scenarios. Also, they might give her cash for keys as an incentive to get her out quicker. She might want to ask for it even if she stays longer than that because it will help her with a down to get into a new place. Good luck.
I believe that she has more time than that but since she was renting I would check with the rental board in her city/county. Also there is a wonderful lawyer that I found on handelonthelaw.com the email address is ____@____.com or the phone number is 1-800-48-1832 she was very nice and helpful with my problem. Her name is Marsha and tell your friend to say that they got her number from handelonthelaw. If she can't help she will tell you who can. CALL MONDAY first thing!
Help her try and find an apartment. If she can't find one right now, have her call the area Red Cross or Women's Shelter. They'll be able to help.
Was it her house or was she a renter? Because if it was her house, she was supposed to have moved out when it went into foreclosure and they can evict her immediately. If she's a renter, she has 30 days.
Honestly, she should contact the nearest women's shelter as soon as she can and they can start working with her on where to go from here.
I wish her the best of luck.
Same thing happened to my friend who was renting a house. She didn't even know it was in forclosure. The police told her 48 hrs is all she gets to leave. She has 6 kids and runs a day care. It was a mess. Have her try to apply for temp. housing. I hope it works out. Good Luck.
They have to give her more notice than that as required by law. Have her call the real estate company and ask them when the house will be closing and explain that she knows she has by law more time that that to vacate the home. 48 hours is completely unreasonable even a landlord is required to give you 30 days notice when evicting you so I believe the same rule applies to a foreclosed/sold home! Good luck! To the one saying they have move out when in foreclosure... that's not the case look it up .... they have to have court order to evict you and that court order takes time and after it is gotten they have to give you 30 days after that! When it is sold they still have to give you a feasible amount of time.
First, I am so sorry to hear about your friend. It sounds like her house was sold at the foreclosure auction. She will need to find family members, friends, or perhaps her church, if she belongs to one, to allow her to temporarily move in until she gets back on her feet. Last resort, a shelter may be of great assistance if all else fails.
One of my businesses, rakhshanipropertysolutions.com, helps homeowners avoid foreclosure...so they don't have to lose their home to the auction, and have it report on their credit...which will affect their ability to get back into the housing market.
Again, I'm sorry this has happened. Perhaps you will be one of the friends who offers support to her and two young daughters at this time of need in her life.
Tell her to contact - http://coabode.org/. This is a resource for single moms who want to find others to share a home. It might be an option. Good luck.
Hi there, here is a video about a person that was in the same situation as your friend, by law the new owners has to take her as a tenant until her lease is up.
http://www.kusi.com/features/turko/Know-Your-Rights-Stand...
Have her call the real estate service that handled the foreclosure and explain her situation. I believe she is given a 30 day notice because she is a renter.
Good luck to her, Awful situation!
I believe it depends on her state, whether or not she is a renter (I am assuming she is) and whether she has complied with the laws up until this point. I found the following here (I hope it helps):
http://www.mortgagefit.com/know-how/foreclosureeviction.html
In case you are renting a property and that property goes into foreclosure due to default by the owner, you do have certain rights. As long as you do not violate the terms of the lease agreement and you continue paying your rent, you cannot be asked to vacate the property until the lease term is over.
Certain states like Washington also have a Tenant Opportunity to Purchase Act (TOPA). Under this Act, if the owner is planning to sell the property, he has to offer the renter the right to purchase the property. Similarly in a foreclosure sale, if the lender purchases the property, he must provide the renter with a proper TOPA notice. However, if a third party buys the property, the renter is not entitled to a TOPA notice.
Under the Protecting Tenants at Foreclosure Act of 2009 (federal law foreclosure eviction), the purchaser of the property can ask the renter to leave the property if he intends to occupy the home as primary residence. But the new owner has to provide the tenant with at least a 90-day timeline to vacate the property.
I don't know how it works over there, but here you have to give at least 15 days notice. I would suggest she contact a lawyer and make sure, and look for a place, I really don't think they can throw her out before 2 weeks, and that is reasonable time for her to vacate, also they need to give her back her prorated rent and deposit, since it is them not giving out notice. Good Luck!!!
PS She needs to keep that note!!!
If the home was purchased by the bank or by a third party as an income property (as opposed to primary residence) and your friend has a lease, they are supposed to honor the terms of the lease. HOWEVER, this is contingent upon the fact that she continues to make the rent payments. (She can be evicted for nonpayment if she doesn't.) I believe she should have 60-90 days to vacate if not. She should find out what the laws are and what her rights are in her county.
The Fair Housing Council of Orange County helps with landlord/tenant problems, such as eviction, discrimination and violation of other laws affecting the renter. They provide information as well as direct advocacy to mediate problems between the landlord and tenant. For more information on the Fair Housing Council, call them at (800) 698-FAIR or visit their
website at http://fairhousingoc.org.
Good luck.
She will need the advice of a good but affordable attorney. See this website
https://www.prepaidlegal.com/Multisite/Multisite?site=hub...
She should call 211. It's really for Los Angeles county, but they have a lot resources and referrals that may help.
There is a cash for keys program that the banks use which would give her a little starter capital. She needs to call the foreclosure bank and negotiate a deal. Google cash for keys and it should explain. good luck!
Pretty sure 48 hours is illegal if she's a renter; If she has a written lease, the bank may be obligated to honor the lease depending on State laws. Do some internet research on renter rights and/or call a lawyer to find out what the applicable state laws are. A realtor might know the answers, or someone from the real estate department of her bank or credit union. Wish her luck, and she's lucky to have a friend like you who cares enough to try and help her out!
