How do we stay in a foreclosed home

UPDATED: Oct 1, 2022

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How do we stay in a foreclosed home

Our house was foreclosed on. It was my parents estate and we were paying
the payments. We fell behind because of medical issues and now the house
was sold. We want to remain in the house by paying maybe rent to own. The
new owner sent a hand delivered letter saying we had to be out today.

Asked on November 8, 2017 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't stay in the home unless the new owner is willing to rent or sell (or rent to own) to you: the home now belongs to someone else (the person who bought it after foreclosure) and it is their property--they decide what to do with it. You have no legal right to the home or to live there. While you can, as stated, negotiate with the owner, if the owner wants you out, you will have to leave. To remove you, if he does want you out, he'll need to bring a legal action, which will take a few weeks, so you'll have at least some time and warning (but not necessarily a lot) before having to vacate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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