Posted on 15-03-2009
Filed Under (Financial) by mike

Renters aren’t immune to the heartache of foreclosure. When their landlords default on the mortgage, tenants could be squeezed out of a place to live. But often renters aren’t aware of their rights in these situations.

In a slow real estate market developers and condominium owners are putting pressure on rules and laws that limit rentals to seniors. Many projects are looking at relaxing rules in order to attract a bigger pool of renters. There is nothing magical about 62 or 55 years of age when determining senior rentals housing restrictions.

The tenant might be paying rent, and may be even paying the rent after the foreclosure is finalized and not been notified that the landlord is no longer the owner of the property.

State and local laws regarding the foreclosure process and tenant eviction vary throughout the country. A report released last month,  "Without Just Cause: A 50-State Review of the (Lack of) Rights of Tenants in Foreclosure"  is posted at http://www.nlchp.org.

Seventeen states require that tenants receive notice when they’ll be evicted due to foreclosure. Twelve states require tenants be named as parties to foreclosure proceedings, in order to terminate tenancies or give the new owner immediate possession rights.

In New Jersey and the District of Columbia, a tenant’s lease can outlive a foreclosure, and tenants can continue to rent from the new owner of the property, often the bank, when a foreclosure is finalized. In nine states, the lease may be protected if it predated the mortgage.

Tenants should not assume that they must leave because the owner is being foreclosed upon. They should be aware, however, that they might be required to leave. Find out what the law is in your state.

 

Increases in homelessness around the country are becoming evident from the increased use of emergency shelters and food banks. Renters were not receiving much attention, even though they’re often at a greater risk for eviction due to foreclosure.

What happens when renters are forced to leave their homes without warning because of a building foreclosure? Renters who do no wrong shouldn’t pay the price of being evicted without the necessary time to make alternative living arrangements.

More than 20 percent of U.S. properties facing foreclosure are rentals, and renters make up about 40 percent of all families facing eviction, According to the National Low Income Housing Coalition.

When the foreclosure crisis began, people weren’t considering renters relief or rights. The National Law Center on Homelessness & Poverty wants national laws regarding renters’ rights when the property they’re living in goes into foreclosure, advocating a uniform standard that requires that tenants be given a minimum of 90 days notice so that they have an opportunity to find alternative housing and to protect tenants by allowing them to stay in their rental house for at least 90 days after a foreclosure.

Fannie Mae and Freddie Mac are implementing a National Real Estate Owned Rental Policy to allow renters living in foreclosed Fannie and Freddie-backed properties to stay in the home for a while.

Under the new policy, renters who are current on their rent would be offered a month-to-month lease at market rent. This way, the home stays occupied, which is beneficial to the upkeep of the property. Plus, renters have a smoother transition into finding a new place to live.

One of the stipulations is that Fannie Mae and Freddie Mac try to sell a property to reduce losses on the foreclosure. If the property is sold the lease would be terminated.

For some investors, buying a property that already has a tenant living there might actually be a selling point. In that case, the tenant might stay in the property and simply have a change in landlord.

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Comments

You Know What on 15 March, 2009 at 4:53 pm #

Foreclosures Affect Rental Market…

The tenant might be paying rent, and may be even paying the rent after the foreclosure is finalized and not been notified that the landlord is no longer the owner of the property.
……


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