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

  • We currently have a mortgage on our home as well as a home equity line of credit. If the first mortgage company forecloses on our property, can the bank that we have a home equity line of credit sue us or file a judgement on us for the amount of the home equity line of credit we used?
  • i have purchased a home about to be auctioned off I paid off mortgage and the owner signed over the house on a quit claim I am having trouble getting her to remove her stuff from property how long do I need to give her and what is the process I need to follow
  • After foreclosure involving a single family residence the new owner filed an unlawful detainer action against the tenants who had no rental agreement after serving them with a 90 day notice to quit. The tenants refuse to move and have not paid rent.They only had a month to month oral agreement with the former owner. One of the tenants claims that he is on parole and cannot be evicted. Is this a valid defense to the UD action?
  • If house is foreclosed on, what does the new owner need to provide to the old owner and how long does the the old owner have to get out by law?
  • Can I get specifics on Foreclosures and how long before I go into foreclosure do have to make a payment?
  • My house was place in auction we spend about 30 years living there my original loan was 50.000 by USDA how do I get the full information. sold auction quantity and excess of funds I have contacted Home Equity Invs they informed me that the house was auctioned for 38.000 and i have excess of funds 16.000 how do I check if is true.
  • Are purchase money mortgages limited to no recourse notes?
  • Is the law the same re foreclosure the same for a mobile home? I have vacated the property. Can my wages be garnished?
  • I belong to a Property Owner's Association. The manager and the original Developer states we do not follow ARS Title 33 because the Association is a non-profit corp. and does not own property. We are all mandated members that must pay dues to maintain the roads that are dedicated to public use. We have bylaws, CC&R's. Is this true? The developer is getting properties back thru foreclosures and says he does not owe dues and is using his 10-1 votes from the foreclosures. Our CC&Rs say that if the first mortgagee gets property back they are not liable for past dues, but from acquisition. Help?
  • The home I'm renting is about to be auctioned....will I have to leave immediately or do I have 30 or 90 days?

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