Q: can i extend my time at property?
im renting from a condo association, they told me on September first they wont take my rent any more, the bank foreclosed on the condo im in and there are auctioning the unit on September 13, can i prolong the sale by filling a motion for extention with the courts? i need help with this, i have a 12 year ol that lives with me. thank you
A: It is unlikely that you will be able to prolong the foreclosure sale. If the sale goes as scheduled on September 13, the property will likely go back to the bank or to a new owner. The Clerk of Court typically issues a Certificate of Title 10 days after the foreclosure sale. The new owner must give a tenant 30 days notice to vacate. Florida Statute, Section 83.561. Realistically, you are looking at November 1 to vacate. If you need more time, your best bet is to contact the new owner (or their attorney) and work something out with them. They may be willing to pay you something for your cooperation. Best of Luck! Jennifer
A: As tenant you dont have standing to postpone the foreclose; you did not sign the note or mortgage. At best you will get 30 days per 83.56 to vacate once the sale happens.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
