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Advocates seek to protect tenants living in foreclosed properties

In our last post we wrote about a couple who were facing foreclosure on a home that they sold many years before. In that post we mentioned that a lawyer could be of assistance in helping to resolve foreclosure issues. This is not the only type of foreclosure problem that someone could face.

Consumer advocates are taking steps to try to prevent another type of issue from occurring in the state of Florida. They are seeking to make language that was formerly a part of the federal Protecting Tenants at Foreclosure Act, part of Florida state law. The law protected tenants of houses that were foreclosed upon from being evicted without notice.

Specifically, if there was not a lease the new owners were required to provide the tenants 90 days notice before they had to leave. In situations where a lease did exist, the terms of it had to be honored.

Florida is not the first state to have individuals take action to enact legislation of this nature. Others did so after the federal act expired this past December. While the housing crisis has abated some since that act was enacted, there are still situations in which this scenario is playing out.

It is unclear whether this legislation will go anywhere with Florida lawmakers. In the meantime, those tenants who find that they are being kicked out by the new owner of a property as the result of a foreclosure should be aware that they may have legal rights regarding the matter.

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