If I just found out that my rental home is in a sheriff’s sale in 2 days, can I be thrown out on the street then?

UPDATED: Apr 11, 2012

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If I just found out that my rental home is in a sheriff’s sale in 2 days, can I be thrown out on the street then?

My landlord is in FBI custody. I need to know if whoever purchases the property has to go through a legal process to make me move or if they can just put me out on the street. There is no way for me to find somewhere to move in 2 days. I am scared to death of what can happen? The landlord didn’t tell me anything.

Asked on April 11, 2012 under Real Estate Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the property that you are renting is subject to a foreclosure sale by the lender who has a mortgage or trust deed on it, and assuming you are current on your lease payments, you cannot be legally evicted by the new landlord under 2010 federal law for a while.

Under this law, if you are on a month-to-month lease, the new landlord must give you at least 90 days to vacate the unit. If you have a term remaining on your lease, for example a one year lease with 4 months left, you get to finish out your term so long as you stay current on the lease.

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