Where I rent I was just served summons of foreclosure what do I do? I already filed a tenancy form. Please help

You were served with the foreclosure so that you are on notice of the foreclosure. The bank, once it gets a sale, will need to file for a writ of possession, which generally takes 10 days. If you were not named they would have to bring a separate eviction action against you and it would take longer. You have to get receipts from your landlord or pay by money order so you have proof of payment. You cannot live in someone's home rent free. No judge will allow that. On the other hand, if you don't pay, your landlord may not have the money to evict you, which requires filing a lawsuit in court. If you hold back the rent, you can save money for another place,but you run the risk of being brought into court for eviction and ordered to pay double rent as a holdover tenant. If you have a lease, the Tenants in Foreclosure Act protects you from being evicted before the end of your lease. The banks will usually offer you relocation assistance, which is usually about $2,000 - $3,000. You landlord has nothing to lose by offering you a lease.

You should continue paying rent to the owner. Make sure you can prove that you paid. Pay by check or money order and keep the stubs / proof of payment. Sometimes the bank or mortgage company will tell you that you have to pay them. If they do that, make sure that a judge in the foreclosure case ordered it. Otherwise, continue to pay the owner. Once the foreclosure sale happens, then you would pay the new owner who purchases at the sale (which may be the bank or mortgage company). If you don't have a bona fide lease agreement, then the bank can give you proper month-to-month notice and you will have to vacate. If you do have a bona fide lease, then the new owner has to honor it or if they intend to live there give you 90 days notice that you must vacate. No matter what, you must pay rent. Even if the owner is not making mortgage payments. Even if the foreclosure case starts. Even if the new owner doesn't seem to be playing fair. You can give the landlord notice today (the 14th) or any time 15 days before the end of any given month and you can then move out at the end of that month without owing any more rent (any tenant can if they are month-to-month and the rent is due on the 1st). You must give notice that you are moving and give a forwarding address if you want your security deposit back. If you don't know a forwarding address, then send the letter of intent to end the lease and move out and send a new letter with your forwarding address as soon as you know it. Any correspondence you send should be a letter sent through the mail certified. You can also send a copy by email or fax, but that would be a copy only. the original must be sent certified (and return receipt requested is even better). Good luck!

You can get through this; and you know I have to direct you to get a properly skilled licensed attorney. Keep in mind that there are two (2) areas of law in play here (A) Foreclosure, and (B) landlord-tenant. I understand you're the tenant and that your landlord is being sued for the remedy of foreclosure. Since the other attorneys gave you some information about landlord-tenant, I would like to focus some on the foreclosure aspect. At present, the landlord/owner's name is on a deed and that makes the landlord/owner the party that can charge rent. There may be some stipulations in the landlord's mortgage that specifically assign rents to the mortgage company in the event of a default (which it appears the landlord did, in fact, default) on the mortgage. You have protections against being evicted by the foreclosing lender by virtue of your lease. You might be in a really good negotiating position to get a much better lease with your landlord that the lender will have to, for some period of time, respect (respect your lease and possessory interest in the landlord's property). Forclosure is simply the remedy that allows the extinguishment if you will of all PROPERTY RIGHTS in the event the promissory note on the property (loan) is not paid. You, as a tenant, have a property right that must be removed or extinguished also-- e.g. the possession of the property. Allbeit, you're not responsible for the money on the promissory note, and you didn't grant a mortgage to the bank, you can still and in many cases should respond to the complaint. I always inform my clients that they should at least request additional time to respond to the mortgage foreclosure complaint in case there are reasons or defenses you may have (like a lease) underwhich the lender can't automatically dump your possessory interest. After everyone is served the foreclosure summons, and presumably has responded, then the case usually gets set for a summary judgment at some point usually several months down the line. I've seen the foreclosure process take six months to six years, frankly. I would track those proceedings closely, perhaps, on the Orange County Circuit Court website. If the summary JUDGMENT is granted against the landlord, then the property will be set for a judicial sale/auction. Once that happens as one of the other attorneys has stated...the lender may request a Motion for Writ of Possession and obtain a possession order. That would be the time when you could be forced to vacate. But I think that is a ways off. While it's true that they really can't drop your possessory interest right away, I am wondering how the Circuit Court foreclosure judge would know you're there without your responding. That's why you're a defendant in the case although you don't owe the promissory note balance. If you can get a consult with an skilled, licensed attorney, you would have some further insights. A lot of attorneys do consults free, and you might get further insight.