Gulf Breeze, FL asked in Foreclosure and Real Estate Law for Florida

Q: We received a letter in the mail today from U.S Bank, the letter is a verified amended complaint to foreclose mortgage.

I contacted our landlord and she stated that we were not loosing our house this is the previous owner and they’re just trying to get money from the previous owner. And I don’t know how to find out what’s actually true.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: That is rather unusual. Your landlord would normally have refinanced when she bought the property, and the previous owner would no longer have a mortgage on the property. Presumably you ("unknown tenant"), perhaps are named as a defendant. if the foreclosure sale happens, you could be asked to leave. You probably should have an attorney take a look at it.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Foreclosure Defense Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: I agree, or your landlord bought the property via auction from a HOA/condo auction or a junior lien auction still subject to the first mortgage who can still foreclose. "Trying to get money from the previous owner" frankly sounds like hogwash (or a downright lie). The old owner is long gone and not going to give your landlord anything out of the goodness of their heart(s). If they had money they would have paid their mortgage/liens and not gone into foreclosure to begin with.

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