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A big problem with a foreclosed property

Posted on: 14th Jul, 2008 01:55 pm
Good Afternoon,

I have a property in Fl. that has a pending sale date at the end of July.
I have moved on and am renting a property, the problem is that my parents were living with me in the house and still won't move out. Do I still own this property or is it already out of my hands. Who can I contact
to get them out? They say that they will stay there until the sheriff kicks them out, but I don't want them there. I don't want them there because what if they cause damage to the property, I would probably be responsible. Also, how do I know if the lender will come after me for a deficiency judgment? Any advice would be appreciated!
Thanks!
Welcome machoman.

Are you only one on the title of the property or your parents are also on the property? If your parents are also on the title then you cannot force them to get out of the property.

By the way if property is foreclosed and sold in less then what you owe to the mortgage company then they the mortgage company can come after you for the deficiency judgment or even place lien on your other properties.

Let me know if you have any further queries.
Posted on: 15th Jul, 2008 12:06 am
Hi Machoman,

This is a tough situation, because unless your parents are on the deed, then they are basically "renters". If you have a lease or written agreement with them, then you could utilize the dispossessory process to force them to leave. However, seeing that they are your parents, you may not want to do this.

Also, if there is no written agreement, then I'm not sure, but I think it will be more difficult to use the courts to make them leave. I would call the lender and see what insight they can give you.

Good luck,
Kim
Posted on: 15th Jul, 2008 06:21 am
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