Foreclosure Article
Renting a Foreclosure
1. Can I rent a property that is in foreclosure?
Yes, but the landlord must provide a written notice of the foreclosure with the rental agreement.
2. What happens if while I am renting a house the property goes into foreclosure?
If you are renting house and the property goes into foreclosure the landlord must notify you. In fact they must provide you with written notice within 5 business days of the first notice of trustee sale.
3. Is there a specific form that I need to use to notify a tenant?
Arizona Revised Statute 33-1331 provides a format for how a landlord should set up this information but it is not necessary to use this exact format. The format is as follows:
This property is undergoing foreclosure. For more information on this action, you should contact ________________ (name, address and phone number of the court where the action is filed or trustee, attorney or other responsible party).
A sale at auction may or may not occur as a result of this foreclosure. Currently, the sale of this property has been set for _________ (time, date and place) or no date for sale of this property has been established.
4. What happens if the owner fails to provide notice?
If a landlord fails to notify their tenant in writing within 5 business days the tenant may terminate the lease and recover their security deposit. It is also possible to obtain injunctive relief and money for any damages the tenant may have.
5. As a tenant can I just leave the property if I am not notified properly?
No, a tenant must deliver written notice stating how the landlord breached the agreement and that the rental agreement will end on a specific date. The end date must be at least 10 days after the letter is delivered.
6. Does this apply to apartment complexes?
No, these laws do not apply to apartment complexes or other multifamily residential complexes that have more than four units.
Updated: February 24, 2017
Comments:
QUESTIONS
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Bankruptcy was done 6/2010.My mortgage was included and at same time GMAC mortgage was going thru bankruptcy and Ocwen took over my payments which I continued to make. I was not aware that I was to reassume my loan nor advised by Ocwen or lawyer on this. Ocwen took payments and stopped reporting to credit bureau's.Tried Harp but was unable due to no show of a morgage.Struggling to pay 1400mo now.If let go can they report it with lack of show of mortgage.Can they be forced to report back paymt's.what options do I have before I'm forced out of home.Reach me at [email protected]
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My home was sold at a foreclosure auction on 11/22/16. I have never been served a 3 day notice by the new owners just a Summons and Complaint. They want me out of the property and want to charge me an outstanding amount of money and I cannot afford to pay it. They are trying to get a default and judgment against me and I am living in the house with my 8 year old granddaughter. I work 4 days a week and need time to secure another place for us to live. These people are very unreasonable and want me out. I have lived there for 23 years and am having alot of anxiety over this. HELP
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In 2003 I losa a home to foreclosure.There was over 40,000 of equity in my home. After all debts & liens were paid off,10,000 in excess proceeds was put with the State Treasury of Arizona.How do I go about getting my money back from them?
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My home was to be foreclosed on 6/13/14 my husband and I filed for bankruptcy on 6/11/14 and advised Ocwen, our servicer and provided the case # to them, Ocwen in turn advised us that there would be NO foreclosure that they would put a hold on it. About a week after that we received notice of the foreclosure sale date having been moved up to 7/8/2014, I again called and they advised me that there was NO sale due to the bankruptcy filed, then in next 2 weeks I had people coming to change locks on my doors which didn't happen bur was advised that my home was now REO that it had been foreclosed.
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How do I find out if there is a sale date for my home that is in foreclosure?
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I bought a house back when the housing market boomed and at the time had a decent job that can pay for the mortgage. A year and a half later my contract ended for the job and now can't afford the mortgage. I am wondering if it's possible to do a short sale with a good amount of savings in the bank? I have 2 mortgages with 2 different lenders. I just don't want to deplete my lifetime savings before I do a short sale. I haven't missed a payment.
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The home we are renting is set to go to Trustee Auction at the end of this month. The "Protecting Tenants at Foreclosure Act" expired 12/31/2014. What are my rights as a tenant now that this has expired. Can I be evicted without notice..do I still have to receive ample notice if the new owner wishes to occupy the home?
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If your home goes to foreclosure, how may years do you have to wait before you can buy a home again?
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Short Sale question - What do I do if there was not full disclosure at the short sale by the lender that a heloc would still have a balance & they would come after me 4 years later?
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I rented a property and signed the lease april 2012. I moved in june 2012, I recieved notice the property was going to be sold in auction in october, 2012. can i recover my deposit
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