Contacting a lawyer is the first thing you should do if you've been forced out of your rental home by foreclosure. State laws may give you the legal right to remain in the rental home until your lease expires --- despite the foreclosure. The federal Protecting Tenants at Foreclosure Act offers similar protection. It may not be too late to get back into your home or sue for damages if you were illegally forced from your rental home during a foreclosure.
Tenant Rights
Massachusetts Poverty Law Advocates, a nonprofit legal-aid organization, reports that all tenants have legal rights, even during foreclosure. For example, the organization reports that in Massachusetts you don't have to leave your rental home after foreclosure --- no matter what the bank or a new owner of the property tells you. In Massachusetts, the law is on your side as a tenant during foreclosure, and all you have to do is stand your ground. Laws in your state may be similar.
Getting a Lawyer
Nonprofit legal organizations such as Legal Aid are available in most communities; you may be eligible for free help from an attorney affiliated with the organization. Generally, only those below a certain income level qualify for free legal help. But an exception may be possible if you're on the verge of homelessness because of the foreclose and there's a possibility that you were forced out illegally. Find contact information for Legal Aid or a similar organization by calling a local charity such as the Salvation Army or a chapter of the National Urban League.
Federal Law
The Protecting Tenants at Foreclosure Act requires a minimum of 90 days' notice before tenants with month-to-month contracts can be evicted, and tenants with signed leases can remain until the lease expires. There are various exceptions, however, and state laws supersede federal law if the state law offers greater protection for the tenant. The federal law can be circumvented by landlords if there are people living in the home who aren't on the lease or the rent payments haven't been made on time.
Government Counselors
Housing counselors certified by the U.S. Department of Housing and Urban Development can also help with options if you've been forced out. The counselors know about any forms of emergency public housing that are available, including Section 8 housing for those on low incomes. Although the housing counselors usually aren't attorneys, they may be able to advise about your legal rights as well. The counselors, including those aligned with Consumer Credit Counseling Services, are available in most communities.
Information Is Key
The bottom line is that if you've been forced out because of foreclosure you must determine what your rights were and have an attorney ask for damages if you were forced out illegally. CNN reported in 2010 that banks, mortgage companies and real estate agents may knowingly take advantage of renters during foreclosure by leading them to believe that they must move. Knowing the laws and standing up for your rights may reverse the situation.
0 comments:
Post a Comment