Phoenix Real Estate Blog: Renters Forced Out by Foreclosure |
An article last Friday, by the Associated Press, drew attention to a lesser-known consequence of the foreclosure crisis: renters being forced out of a lease when a bank takes possession of the home.
From the article: “You’re paying your bills, but your landlord isn’t. And you’re the one holding the eviction notice.
Fannie Mae and Freddie Mac, which together own or guarantee more than half of the nation’s mortgage debt, said that they would begin programs in January to assist renters in properties they’ve foreclosed on.
Freddie Mac says it will unveil a similar program in a few weeks.”
If you receive a foreclosure or eviction notice on the property you’re renting, here are some steps you should take:
If you haven’t yet received a foreclosure notice, but think your landlord may be heading that way, go to the County recorder’s website (http://recorder.maricopa.gov/recdocdata). You can research their records by owner name, or, to see all property in Maricopa County in foreclosure, simply change the document code field to N/TR SALE and click search.
In Arizona, the foreclosure process takes at least 90 days (from the first foreclosure notice to the actual sale). If you find out about the foreclosure relatively early in that process, you’ll have some time to find a new place to rent.
In Arizona’s renters’ rights are provided by the Residential Landlord/Tenant Act, which can be found at the Secretary of State’s website: http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/.
Some states, including California and Illinois, have recently passed legislation giving renters a grace period, ranging from 30 days and up, to stay in a property after it's been sold in foreclosure. Unfortunately, there’s no such law -- yet -- on the books in Arizona.
Ask the landlord for all the relevant information -- most importantly timelines -- related to the foreclosure. Ask about a refund on your security deposit -- when you should expect to receive it.
Step 5: Contact the lender or lawyer handling the foreclosure.
Ask about the timeline for the foreclosure process and when the lender will require you to be out of the house. Ask the lender if you can stay in the home until it’s sold -- or if they’re offering cash assistance for moving out. These are both options Fannie Mae and Freddie Mac will likely offer to renters.
What do you think? Have you been forced out of a rental property because it went into foreclosure? Click on the “Comments” link and join the discussion!
