As a renter, how can I tell the status of foreclosure of the house I live in?

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My family and I live in a house in Shoreline, WA. A few weeks ago there was a foreclosure notice taped to the door of the house. Apparently our landlord has not paid the mortgage on the house in about 9 months. The notice said the sale would take place in 90 days and we would have 30 days after that. I mailed the notice to my landlord and forgot to make a copy. How can I track what is happening with the property? Is the sale still going forward? If so what date? Has my landlord caught up the martgage so the sale is off? My landlord won't give me any more information than "I'll let you know." Any thoughts?

Attorney Answers

3
Theodore Robinson ·
Yes, I wouldn't trust "I'll let you know" since the Sheriff may let you know sooner than your landlord. Instead, either ask the landlord for the attorney's name that started the foreclosure or go to the County Clerk's office and look up the law suit using the Landlord's name and that way you'll be able to find out the lawyer's name and address. You should also be able to determine the status of the upcoming sale. Don't expect that the Landlord paid up nine months of the mortgage in the meanwhile. Be proactive and find out for yourself what's happening so you can make plans for yourself. Good luck.
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Steven Fink ·
Call the trustee listed on the Notice. They should tell you. Check with your county recorder's office. Notices are recorded there. You have rights as a tenant. The Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, §§ 701-704 (2009), which became law on May 20, 2009, applies to state eviction proceedings. This act requires that a new owner who took title to residential rental property through foreclosure must honor existing leases until the end of the lease term. There are three exceptions to this rule: 1) if there is an existing term lease and the new owner wants to occupy the foreclosed property as a personal residence before the end of the lease term, 2) if there is an existing term lease with less than 90 days to the end of the lease term, or 3) if the existing lease on the foreclosed property is a month-to-month tenancy or a tenancy at will. In each of these cases, the owner must provide the tenant at least 90 days notice to terminate the tenancy. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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Elizabeth Powell ·
The notice is incorrect - and thus ineffective - as tenants you have a right to a 90 day notice from the subsequent purchaser at auction. Google P.L. 111-22, enacted May 20, 2009. You can determine the status of the property by asking the County auditor, and you should be getting copies of all notices from the bank as an occupant of the house. I've written a legal guide on this and updated it fairly recently to reflect the new law. Hope this helps - Elizabeth Powell
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