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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I have a land contract on a mobile home but do not have the title. The current is in serious default (10 months). Do I foreclose, get a judgement on the loan or get lien? Is this something I can do or do I really need and attorney? If it matters the amount due is about $11,500. Thanks!
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I BOUGHT A NEW HOUSE A YEAR AGO AND KEPT THE OLD HOUSE THAT I HAD FOR 13 YRS AS A RENTAL PROPERTY SINCE THE LOAN BALANCE WAS LESS THAN THE VALUE. THE TENATS DEFAULTED ON THE MORTGAGE AND I WAS UNABLE TO BRING IT CURRENT. IT IS CURRENLY GOING UNDER FORCLOUSE. MY QUESTION IS- CAN THE BANK COME AFTER ME SINCE IT WAS NOT MY PRIMARY RESIDENCE? I NEVER PULLED CASH OUT BUT I DID REFINANCE A FEW TIMES AND PAID OFF OTHER SMALLER LOANS AND CREDIT CARD YEARS AGO.
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I am in foreclosure with Citimortgage. I just started working after eight months. I have kept in touch with them, and they will do a hardship application when I can provide two paystubs. This I can do as of two weeks from today, when I get my second pay stub. Unfortunately, they are proceeding with foreclosure. I cannot afford an attorney. I just need someone to make them wait the extra two weeks, plus however long they take to process my application. Without my house I am literally homeless, and I am so close to giving them what they need. Can you provide me with pro bono assistance?
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I have resigned my job due to health issues, relocating to the east coast to live with family, and can not make my house payment, willing to surrender the house to Bank for short sale, or whatever they want to do. How do I start this process. The house will not sell for what I owe the bank, negative equity situation.
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We had a house go to foreclosure and the lender ended up selling it. Now the bank of the second mortgage is trying to sue us for the deficiancy. the lot is less than 2.5 acres & house is single family. Can they do this or does this violate ARS title 33?
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My dad and brother owned a home which I lived for 17 years and took care of both my parents. My my died 13 years and my just passed away 5/18/16. My brother does not communicate with me so the house I still live in he foreclosure on. What are my rights I still live here.
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I am curious about the 90 day requirement to file a lawsuit for a deficiency on a foreclosed home. In my case, I had a purchase money loan and a second mortgage from the same lender. After the foreclosure, the lender has continued to keep the second mortgage in an "open" status. Is the lender barred from suing on the second mortgage past 90 days of foreclosure or do they have up to the 6 year AZ statute of limitations to sue?
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My house was due for a short sale. We had a buyer with good faith money down. The loan servicing company let the time frame lapse, did not respond to my realtor's requests, and sold the loan service subsidiary to Goldman Sachs the week after,and they took it to foreclosure. Now I have a lawyer for the HOA hounding me for $4000. The bank that owns my former property just listed it again for the price we ( my realtor and myself ) had it sold for originally. What do I do about the HOA problem? This was in Arizona. I am now living in Colorado.
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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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How do I find out if there is a sale date for my home that is in foreclosure?
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