Legal Question in Real Estate Law in Florida

rentee vs. renter

The home my Mother has been renting for 11 years was bought by a new owner. August 1st 2003, she was servered a summons,for forclosure, stating the landlord had not been paying the mortgage for said property. This has been going on since April 2003. The landlord has continued to take rent from my Mother since April. Where does this leave her as a tenant? Is she in trouble? She has proof she has paid her rent to the landlord. Thank you,--name removed--

Asked on 8/04/03, 3:12 pm

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: rentee vs. renter

Your mother should contact the lender (plaintiff) that is foreclosing to determine the status of the pending foreclosure lawsuit and make certain she will not be evicted without much notice. It appears that the landlord has not been using the rent money to pay the mortgage loan, and sooner or later when the lender obtains a foreclosure final judgment, your mother's rights as a tenant will be swept away and she may then have to move out. She should start communicating with the plaintiff in the case to determine whether she needs to make plans to move.

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Answered on 8/06/03, 7:44 pm

David Slater David P. Slater, Esq.

Re: rentee vs. renter

Either she or her attorney should contact the mortgagor to discuss further payment. They may agree to let her stay. In any event, a court should give her adequate time to locate a new place.

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Answered on 8/04/03, 5:12 pm

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