Unfortunately, some homes will end up being sold in foreclosure. If your home is sold in foreclosure, your world will not come to an end! To start with, foreclosure home sales are generally advertised in local newspapers. Sales take place usually on the courthouse steps or inside a courtroom within the courthouse. Referees are appointed by judges to conduct these foreclosure sales. The sale usually goes to the highest bidder. However, if no bidder bids the amount owed on the mortgage, the bank will bid in that amount and the bank itself will take title to your home. Once the bank takes title to your home, you will be considered a tenant in the house. The good thing about this is tenants have rights!

Homeowners in Foreclosed Homes

Now that you are a tenant, it does not mean you will be forced to immediately move out of your home. The bank can bring a landlord tenant proceeding and try to evict you. However, landlord tenant proceedings tend to be long drawn out proceedings. Banks usually take a much softer approach. Your attorney can negotiate a lease where you can continue to stay in your home and pay the bank rent. If you seek to move, the bank may be willing to do what is called a “cash for keys deal”. In these deals the banks will usually pay your moving expenses and give you money for a down payment for an apartment. They will take this action to avoid the necessity of litigating landlord tenant proceedings.

Keeping Tenants In Their Homes

So your home was sold and you are now a tenant, the best way of dealing with your new situation is to have your attorney contact the bank and enter into negotiations with regard to your new status as a tenant. Banks are concerned about their image. They don’t like to put families on the street. They spend millions of dollars on advertising on radio and television trying to show they are your best friend, they are charming and wonderful and are prepared to give money to whoever comes into their branches. The last thing they want is to be thought of as that Simon Legree figure from literature.

Bankruptcy Issues Concerning The Sale of Your Home

Foreclosure cases are brought in the Supreme Court in the county in which your house is located in. Landlord tenant proceedings are either brought in a Landlord Tenant Court or in the District Court where your home is located. Bankruptcy proceedings are filed in United States Bankruptcy Court. The Bankruptcy Court is a Federal Court. It is a higher court. The bringing of a bankruptcy proceeding creates an automatic stay which prevents state court proceedings from moving forward. The automatic stay is the equivalent of a temporary injunction enjoining the state court from allowing either landlord tenant or foreclosure cases to move forward. The filing of a Chapter 7 bankruptcy can stop you from being evicted and can prevent the landlord tenant proceeding from moving forward.

Should you be in the unfortunate position where your house is sold in foreclosure, do not despair. There is still help available. You can contact our law office to discuss your situation. Our phones are monitored 24/7. We can be reached at 516-561-6645, 718-350-2802, or 1-800-344-6431.