Renting a Forclosure Home, Forced to Move, Do I Have Any Rights?

Updated on November 24, 2008
C.M. asks from Queen Creek, AZ
4 answers

When I was leaving to take my son to preschool, I noticed someone had just posted a note on my garage. I go to grab it and it reads "Notice of Trustee's Sale". Which pretty much says that the house will be sold. We have been living in this house for almost 3 years and to find out that its going to auction on 12/18 turned my world upside down. We are not ready to move and now have to start packing and be moved out in a little over a month. Plus, we have to come up with another deposit, which with the holiday's doesn't help.

I talked to my property manager and she said that we have to pay a pro-rated amount for next month. Are we obligated to pay rent for next month, and do we have any recourse concerning this displacement and any security deposit we paid. If anyone has any experience or legal advice concerning this matter, I would be appreciative.

Also, does anyone know of any rentals? We currently live off of Higley and Guadalupe and would prefer to stay in this area, but are open to anywhere in East Gilbert/North Queen Creek area. Also, we would like to have at least a 4bdrm or a 3bdrm w/den and less then $1300/month.

Thank you for reading. This whole situation is just starting to sink in now. I was an emotional wreck this morning.

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So What Happened?

Thank you for your responses. My husband and I talked, and decided it would be in our best interest to move at the end of the month, which doesn't give us much time. We felt that we wanted to be situated in a new home in time for the holiday's. Plus, my parents are coming to visit so we wanted to be able to show them our new home.

I have looked on several different sites including craigslist and my current property management site to see what's available. We have looked at one place, which we loved. But we will continue to look, just in case we are not approved, and/or if we find something we like better.

Also, concerning Shannon's comment, this was someone who has owned the house since it was built in 2001. He apparently refinance right before we moved in with this creative financing and now we are the ones that are being inconvenienced, because he got greedy and then couldn't afford the balloon payment when it came due. I would be more receptive if had been your situation.

***Update. We just found out that we were approved for the house today. We only heard back from one of the homes we inquired about, and we can't even get in to see it until the 19th, so we ultimately decided to go with the first house we saw. We need to make a decision on where we were going soon for piece of mind. It's going to be hectic around here, but we are scheduled to move in on the first. Only 2 weeks away and counting.

More Answers

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S.S.

answers from Phoenix on

C.,
I know this is a TERRIBLE situation for you AND the person losing the home. I am on the other end. We have a 2nd house in Queen Creek we got "stuck" w/ after our business failed out there. We have struggled for MONTHS, actually 3 yrs, trying to pay 2 mortgages so our wonderful/loyal/clean renter wouldnt have to move. Finally, when we were completely upside down, we had to choose letting it go & are in the process of selling it as a short sale. I share this because I know you must be angry at the owners, but w/ this economy we are ALL struggling. They, just like us, may feel rotten about doing this to you, but there may be no other choice.
Good luck. You will find a home you love, I'm sure.

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D.J.

answers from Phoenix on

You can get the Landlord Tenant Act or call up one of the community service and they might be able to refer you. D. J. :)

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J.M.

answers from Phoenix on

I had a notice like this posted on my door a couple of months ago and freaked out like you. I was lucky, I found out they placed it on the wrong door.

ARS (Arizon Revised Statutes) does say that you are required to continue to pay your rent - which really sucks because whomever you are paying, is not paying their mortgage like they should be.

What I was told to do was contact the bank that held the mortgage. You can find that out by visiting the Maricopa County Recorders Office website (google it). You will also be able to see the trust sale notice and find out all the details there. Contact the bank and see what you recourse it. They may want you to pay your rent to them, and may have you stay until they sell the home. In some cases, they will even pay your moving expenses.

As for looking for a place to live, I'd try craigslist.org.

Good luck with everything.

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M.L.

answers from Phoenix on

I have no experiance of this, but my co-worker was just telling me that when he first met is wife in the 80's she was renting a duplex that was going to get forclosed on and she found out what company had the morgage and aked them if she could rent from them, so she rented from the bank for about 2 years and when the bank decided to sell went to her first to offer her the house. Good luck

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