Renters: Foreclosure rights improve thanks to Helping Families Save Their Homes Act

Renters are among the many silent victims in the foreclosure frenzy that is currently gripping numerous areas throughout the nation.

That’s because even if renters satisfy their monthly payment obligations outlined by the property owners, it does not fully protect them from being forced from their homes if the landlords fail to pay the mortgages.

In fact, the National Low Income Housing Coalition estimates that 40 percent of the households that lose their homes to foreclosure are renters evicted after the bank takes the home from their landlord, according to the Washington Post.

It’s an alarming and unfortunate trend, which will hopefully be minimized thanks to the foreclosure prevention bill that President Barack Obama today signed into law and will extend until the end of 2012.

Here are the top-level points:

  • Tenants who pay their rent on time can remain in their home until the end of their lease unless the bank sells the property to someone who intends to make it his or her own residence.
  • Renters must be allowed to stay in their homes for 90 days after the foreclosure even without a lease.
  • Jurisdictions that already have more stringent renter-protection laws in place won’t see the rules loosened by the new federal law.

For more on the protections for renters contained in the Helping Families Save Their Homes Act and the Fraud Enforcement and Recovery Act click here. To check out eviction laws in your state visit The National Law Center on Homelessness and Poverty right here.

Foreclosure is such a hard situation for all involved. From the property owner who lost the property because he couldn’t keep current with the loan to the tenant that has lived in the property. What’s amazing is the government need to legislating what the self interest of the lender should already be. The Mortgage Company is in the lending business. Why you would want to evict a rent paying tenant because the landlord changes is beyond me

I know it’s very unfortunate. As a Landlord and having a good renter, I feel very bad that this is happening. But my renter told me that her lawyer said that I had breached the contract and therefore my renter did not have to pay me anymore rent. So, does my renter is legally authorized to live for free? The property is still under my name until the bank takes it away right? This is so confusing and unfair to the lender.

UNFAIR TO THE LENDER ?? IT IS MOSTLY UNFAIR TO THE TENANT WHO PAID HIS RENT BUT YOU DID NOT USE THIS MONEY TO PAY YOUR LOAN AND AT
THE TIME OF THE NOTICE OF DEFAULT …YOU DEFAULTED AND RENTS PAID
SHOULD GO TO THE LENDER NOT BORROWER AS UNDER THE NEW LAW COLLECTING RENTS AFTER 30 DAYS FROM THE NOTICE IS ILLEGAL AND YOU CAN BE SUED

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