Anyone familiar with tennant's rights?
Wed, 09/24/2008 - 3:13pm
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Looking to see if I have a leg to stand on. Just got a letter, the house I am renting is going up for Sheriff Sale. The landlord says, it is taken care of, but I need to find out if I have gounds to break my contract anyway, because of the letter? Giggity 
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If, in fact, it's taken care of, you probably don't have grounds, Dawg, but I'd have to read your lease to be sure. However, I've never seen such circumstances addressed in a lease, and I've read hundreds of them. I'd definitely double check, though. It'd suck to have to be out without much notice if it really is going to be sold. The owner might just want to keep you in there as long as possible to collect as much rent as possible.
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If it going up for a sale it will be gone ..lol Or maybe he is buying it back.. but either way you need to be looking... If he no longer owns it how would you be renting. You can look it up when it goes for sale...
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A sheriffs sale is because they either owe taxes or haven't paid anything on the mortgage right? I know of someone who just lost their home and had to move because it was sold on the sheriffs sale they had 30 days to vacate and this was because they got special permission to stay and get their things out.
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http://www.madisoncountyindiana.us/node/4802
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You may be able to pick the house up for cheap if no one is bidding.
If I read it correctly, dawg is trying to get out of the lease now instead of waiting for some future date uncertain to be evicted.
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Dawg
Call the sheriff's civil office at the government center and they can tell you if the property has been sold, is slated for sale or has been redeemed. I wouldn't put it past a landlord to feed a tenant a line of bs in this circumstance. For the property to go in active foreclosure and slated for a sale, they must have been "several months" behind, expecially with a weak housing market. If it is slated for sale, you probably have a cause of action in small claims court...but if your landlord is filing bankruptcy you'll more than likely be at the end of the list of creditors, however I would still continue with court proceedings. It might even be worth talking to the prosecutors office to see if he/she can be criminally charged for their actions if they have/had no intent of redeeming the property from the proceedings.¹
¹This is not legal advice. The only legal advice I can give is to consult an attorney.
The other PINK meat!
You may be able to pick the house up for cheap if no one is bidding.
If I read it correctly, dawg is trying to get out of the lease now instead of waiting for some future date uncertain to be evicted.
Banks generally bid the payoff of the first mortgage at most sheriff sales. If you purchase a house at a sheriff sale, it is an "as-is" sale and you must have the cash or be able to close the mortgage by the end of the business day...most buyers usually pay cash. It's probably too late for a short sale if you've recieved notice. It generally has to be listed with an MLS agent for 90 days before they will entertain a short sale.
The other PINK meat!
I had a friend that was reading the tax sales last year & seen his house listed in it.He paid the taxes to his mortgage company(escrow) & the mortgage co. did not pay,he contacted them & they took care of it.
There was a house on ebay for $1.75.
Probably in Anderson with the way things are going.