Chapter 18: Tenants and Foreclosure

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Mariah Jennings-Rampsi

This chapter in the Legal Tactics: Private Housing e-book explains your legal rights as a tenant when your building is foreclosed. 

Foreclosure is when a bank or other lender sells property because the owner did not repay the loan. The bank usually holds an auction, and the highest bidder becomes the new owner.

Go to the table of contents, or download this chapter as a PDF below.

Chapter 18: Tenants and Foreclosure (May 2017).

Notas finales


1 . 50 U.S.C.A. § 3953. This is called a Servicemembers Civil Relief Act petition. An amendment passed in 2012 established that the wait period is 1 year. This was extended to be effective until December, 31, 2017. On January 1, 2018, this time period reverts to 9 months. Pub. L. 112–154, title VII, §710(d)(3), Aug. 6, 2012, 126 Stat. 1208 , as amended by Pub. L. 113–286, §2(2), Dec. 18, 2014, 128 Stat. 3093 ; Pub. L. 114–142, §2(2), Mar. 31, 2016, 130 Stat. 326, provided that: "Effective January 1, 2018, the provisions of subsections (b) and (c) of section 303 of the Servicemembers Civil Relief Act (50 U.S.C. App. 533) [now 50 U.S.C. 3953], as in effect on July 29, 2008, are hereby revived."

2 . When banks foreclose without going to court they use the "power of sale." To use the power of sale, banks must follow all the terms of the mortgage and obey state foreclosure laws.

3 . G.L. c. 244, § 14.


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