I bought a house at a foreclosure auction in Alabama.  The previous owner did not live there, but was renting it out instead.  Also, I do not believe he notified the tenant of the foreclosure/sale.  I mailed a certified letter to the "occupant", but she never picked it up from the post office.  When do I have the legal right to enter the house, change the locks, and sieze the property?  I hate to "take" her stuff, but I bought it to live in it... what are MY rights?
218096
kick in the door, use a bat. haha \n\nOK really, call the sheriff, its the only way you will really be able to it and cover your ass.  If they cant do it they will be able to tell you how.
466619
Foreclosure is the procedure for enforcing a lender rights once the obligation secured by a Deed of Trust is in Default.\nInitial Steps: Default Period.\n   1. The Note, Deed of Trust and information on the default are forwarded to County Records Research.\n   2. The notice of default and other necessary documents are prepared for your signature.\n   3. The notice of default is then recorded and the foreclosure time line begins.\n   4. A Trustee Sale Guarantee (TSG) is ordered from a title company.\n   5. The required 10 day and one month legal mailings are sent to the borrower and the junior lien holders.\n   6. If the loan has not been reinstated or paid off within the three-month default period, the lender then authorizes the next step in the foreclosure proceedings. \n\nPublication Period and Trustee's Sale.\n   1. County Records Research will prepare, record and arrange to post the Notice of Trustees Sale.\n   2. The Notice of Trustee's Sale must be published once a week for three consecutive weeks in a newspaper of general circulation near the property location.\n   3. The borrower or junior lienholder may reinstate the loan at any time up to five business days before the sale date.\n   4. If the loan has not been reinstated prior to five business days before the sale, the beneficiary may demand that the entire unpaid obligation be paid in full during that five-day period.\n   5. The trustees sale is conducted.\n   6. A Trustee's Deed is prepared for the lender or outside bidder, then recorded.
187706
This is a really complex subject for these short forums.\n\n\nThe clock doesn't start until you get a Notice of Default. Regardless of when you made your last payment that starts it. \n\nThere are several details that the lender (actually the trustee) needs to perform. Normally that won't affect you.\nFrom the Notice, you usually have 120 calendar days until the Trustee's Sale. (Sheriffs sale is for something else, similar)\n\nIf the house is still occupied at that point, the new owner can immediately get an eviction. \n\nThe lender has certain rights -- sometimes they can change the locks. Many of those are spelled out in your finance document. \n\nIn California, borrowers have more rights that most other states, including a right to redeem the house after the Trustee's sale. \n\nSometimes the lender can 'forbear' or wait a while, but they do not lose any of their rights and most important, their fees and late charges and trustee charges NEVER stop.\n\nSomething  bad must have happened otherwise you would'nt be in this bind. I am sorry. You can get out of it, even though it will be hard. Please email me. I know someone who may be able to help you, but time is short. You need to change your goal from 'Staying in the house' to 'Getting out with the most money in your pocket.'\n\nBest to you, \nLeigh\nhttp://www.LeighMaynard.com\nReal estate guy since 1986
276487
The law that governs eviction is Fla. Stat. § 83.59 (2005)\nwhich basically says that A landlord can only evict through court proceedings, he cannot just give you a notice he has to sue(although the suit will be on the fast track) you. Basically if you refuse to move out Landlord cannot use self help to throw you out -- that will be assault, and he will need a court order to have a sheriff come and kick you out legally.\n\nHere is the statute in full: \nRight of action for possession\n\n\n   (1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.\n\n(2) A landlord, the landlord's attorney, or the landlord's agent, applying for the removal of a tenant shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery. A landlord's agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord's agent is an attorney. The landlord is entitled to the summary procedure provided in s. 51.011 [F.S. 1971], and the court shall advance the cause on the calendar.\n\n(3) The landlord shall not recover possession of a dwelling unit except:\n\n   (a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;\n\n   (b) When the tenant has surrendered possession of the dwelling unit to the landlord; or\n\n   (c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption shall not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence.\n\n(4) The prevailing party is entitled to have judgment for costs and execution therefor.
58495
The legal term is adverse possession. Unless there is some agreement between you, other than rent, and the owner has not attempted untl now to remove you from the property,then it is possible that you now have right to the property. It would depend upon the particular laws and statute of Limitations ( could be as much as 20 years) in your state and municipality.
224879
This is a tough one.  Depending on your state your rights are different.  For example in NY (which is very anti landlord) your lease would be upheld until building hell freezes over. I'm not quiet sure who is buying the house (the owners are usually the landlords) but either way, you - the tenant- will get inherited and they can't get rid of you until sept at least.\n\nRival
207939
Does the current wife own the house? If yes then of course, if he's the owner then he'll have to give her permission, but of course can still be done.  The state would only be able to collect what was owed, and since he was up to date that wouldn't be much that he's behind.
630948
Was your orginal lease for only 6 months or 1 year?  If it was for one year, I believe that the home had to sell under the terms of the origianl signed lease/rent amount.  If it was only for 6 months, and then they made you sign a new one with the increase, there isn't much you can do.  As another answer stated, unless there was a "days notice" provision within the original lease, you might be sol.  My husband and I own a rental property and the lease clearly states that after the natural expiration of the origianl lease, lessee or lessor must provide 60 day written notice of intent to move, sell or increase rent.  This is not only designed to protect us as landlords (so the tenants can't just bail on us), but also protect the tenants from us selling the house.  We also added into the lease that if we chose to sell the property during the time of their original lease, the lease would be transferred to the new owner/ladlord, as is, that no increase or changes could be implemented until the expiration of the lease.  If you ever rent again there are a few things you should make sure of:\n\n1.  When the preliminary walk through is done, make sure they have a check list of all the appliances, condition of the home, (cracks, dents in walls, etc.), etc. that you both sign off on.  You should also get a copy of this checklist as well.  This way when you move out, there is a clear outline of the items, conditions, etc. and there will be no surprises.  \n\n2.  Make sure your lease clearly states what will happen if the property is sold while you are under contract with them.  If there is nothing in the lease that discuss days notice, etc., make sure it is added.  \n\n3.  Ask the landlord what happens if you decide to live in the house beyond the termination of the lease.  Will the rent amount increase?\n\n4.  Ask for points of contact for repairs and emergencies.  Who handles them?  Is there a request for repair form that you need to complete?  \n\nGoogle the phrase renters rights.  There are a lot of sites that deal with laws and regulations for each specific state.  If you were not given notice, and you feel that you were coerced into signing a new lease because you had no where else to go, you may have a case.  Good luck.
178533
Go back to the county recorder's office.  Look at the deed for the current owner.  Check who is listed as the "Grantor" or "Seller".  If the Grantor or Seller is the Sheriff then it was a foreclosure.  If the Grantor or Seller is your ex then your ex sold it.  Also look at the signature page to see who signed it.  If your ex signed it then he sold it.  If someone from the Sheriff's office signed it then it was a foreclosure.
386507
No. It is under foreclosure because the tenant, who does not own it, could not pay for staying there. If the tenant says here is proof (bankruptcy filing) that I can not pay for it that will not stop the foreclosure. The auction is the bank trying to deal with the owner's foreclosure. It has nothing to do with the tenant.\n\nIf you meant the owner living there, not a tenant, he has lost any rights to the house at foreclosure so it is not an asset that is part of his bankruptcy so again there is no impact.\n\nIf there was a prayer that an owner could avoid foreclosure or have enough money to buy the property at auction that is long gone. It just doesn't happen in real life.
295872
I am a landlord, and I have had a landlord in the past who has unlawfully entered. As a landlord, I allow tenants to have these locks. I have no issue, because I don't need to be in there. On the days I am to enter for maintenance, she leaves that lock undone.  \n\nAt some hardware stores you can buy a chain lock that has a key entry. It looks like a chain lock for the outside viewer appearing that you are home, the top of the chain has a small cylinder lock. The landlord would not see the top if you place it high enough.  This forces the landlord to explain why he forced your privacy lock to the police in the event of unlawful entry, yet is flimsy enough to break in a true emergency. Typically found at specialty hardware stores.  \n\nA flip lock is another type that makes it appear that you are home. It looks like a hinge with screw holes in only one side. It can be entered from the outside if you take one credit card and push the plate side of the lock up, and a second one to swing it out upon your own reentry. Most have a small hole in the bottom part of the locking plate. Thread a small ribbon or string through that to pull it closed behind you. They are stiff enough to keep someone out who shouldn't be there unless they make a lot of noise pulling out the screws or busting in the lock. Yet again, are flimsy enough to fall in at a good hit in an emergency situation. I found one at wal-mart.
66105
I am not sure I can be of much help, but....\n\nI think the key is why the title is not clear. If it is not clear because you and your spouse owned it and they passed away, then you can get the title cleared in probate court as long as they didn't have a will giving it to someone else. \n\nIf it is not clear because someone else before you didn't get a clear title and there is then some question of who might have a claim to it, then you need to get them to sign off on it. \n\nI bought a house once that took about six weeks for the title insurance company to locate everyone and get them to sign a paper saying they had no interest. It was part of the price of the title insurance. Obviously you didn't buy title insurance or all you have to do is call them and let them handle it. \n\nIn fact that would be a good place to start is to call a title company and ask them if they can help you. I am sure they will charge you a fee that is bigger than it would have been if you just bought it when you were closing. But it might just solve your problem.\n\nIf you are NOT planning on selling and no one is actually claiming it is theirs you will likely be ok. But if you ever do need to sell you had better have finished the process cause it can take a very long time. If a probate court is involved it can be as much as a year!\n\nI am not sure how different it is between a mobile home and a house so you probably want to find out for sure from a lawyer or title company.\n\nGood luck
594780
You may wish to check with an attorney but for the most part the standard practice is this;\n\nSend her a registered letter. Inform her that if the property is not picked up in 30 days it is considered abandoned and under the law it will be disposed of. The property actually becomes yours to sell or toss out.\n\nAfter 30 days she s**t out of luck. Just be sure to send any correspondence registered receipt.\n\nYou do have to retain her stuff but after 30 days and the letter...ha!...no self respecting cop would pinch you.
662345
I would advise against changing the locks, keeping their valuables, etc.  This will only make the problem worse.  \n\nI would talk to the landlord about your problem- perhaps he/she will have better luck with the attorneys/courts.  Also, if the landlord can't help you, try finding another attorney.  They can't all be bad and they can help you with the eviction.\n\nIf all else fails, just call the cops if they show up.  The police will help you sort everything out.  Or, you could always move.
85918
If they are paying the rent directly to the landlord, then the landlord was notified when they moved in.  In that case, a new lease SHOULD have been drawn up with all three of your names on it and all three signatures.  Otherwise, YOU are taking full responsibility for any and all damages to the house.  Not a good idea.\n\nBut since yours IS the only signature and you are taking full responsibility, you are within your rights to ask them to vacate the property.  They have no legal rights to be there if they don't have a lease.
598411
Because the foreclosure laws and requirements vary not only by state but by county/township/parish within the state, and because failure to do it properly can result in a void foreclosure sales as well as damages for the mortgagee/buyer (for debt collection and for wrongful foreclosure), you really ought to talk to a lawyer. Same advice if you only want to kick them out: don't be penny wise and pound foolish -- because you might be subject to penalties if you do it incorrectly, let someone who knows how do it for you.\n\nYour rights and responsibilities are going to be a combination of what is spelled out in the note and deed as well as the state property code/statutes. For someone who has done it before, foreclosure is not a terribly complex or expensive matter, and typically involves (i) acceleration of the note, (ii) notice of acceleration, (ii) notice of foreclosure, and (iii) foreclosure. It could take a month or two to jump through the notice hoops.  It may scare your buyer into getting current again; it may cause them to file bankruptcy where (you guessed it) you will want to talk to a lawyer about how to protect your rights.\n\nGood luck.
323056
At the very least, by entering someone else's house, whether the door was unlocked or not, is breaking and entering.  The person whose home was entered can calso have him charged with trespassing.  As for theft, if nobody owns it, it is not theft.  If he has posession of something that has been stolen, it is posession of stolen property.