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Landlord received letter "plaintiffs motion for summary final judgment of foreclosure"

Hello everyone.
I am currently renting a condo in Miami Dade County.  My landlord went into foreclosure about 2 years ago now.  A few weeks ago I received a letter with Plaintiff's Notice of Hearing for March 1st (yeap, tomorrow).  It shows the above subject line followed by PLEASE GOVERN YOURSELF ACCORDINGLY.

I have spoken to my landlord whom I have continued to pay rent, I informed him a few days ago that I would hold off on this coming payment for March until he heard something regarding this hearing.  His lawer told him that it had nothing to do with eviction and that his tenant (me) should not have to worry about it, and if it is that it could take 90 days....90 days is fine with me since it will allow me to save up for that first/last/sec deposit on a new place.

Now what exactly is this hearing about?  Should I go and represent myself as the tenant?  Will the judge even ask "is the tenant here today"?  Do I have a better chance of getting 90 or even more days by being present? If so, what do I take?  I know this is a very short notice in seeking advise but I felt confident that everything was going to well until pretty much today when it struck me like lightning.

Thanks for the advice.

PS- as I finish writing this I get a txt msg from my landlord saying that he sent a proposal to the bank and that the hearing is canceled until the bank replies if they accept his proposal. if this wouldnt' have happened what would have been the reason for the letter?
either way i think it's time to start looking elsewhere.
  • February 29 2012 - Brickell
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Answers (2)

Profile picture for ceez97
Hi Karen

Yes, he's been paying the HOA without problems and he's come through on getting our refrigerator replaced when it decided to go bad on Dec 30th! and an expensive plumbing work....this was obviously AFTER the foreclosure.  So he's been reliable in that way.

My first 2 years we were on a yearly contract, sometime during the 2nd year the foreclosure came on and I guess we just verbally agreed to be on a month to month agreement.  It's already been 4 years on this apt this past February 2012.  So with this verbal agreement I have 90 days once someone buys the property from the bank?  Do I need a contract from him stating that we're on a monthly?  Do I need to represent myself in case another hearing like the one above comes up?  I would have to show with a contract stating month to month or an annual contract?  If I have a yearly I guess it gives me extra time depending on when the contract ends compared to when the property is purchased from the bank.  Does the judge usually give the tenants a few months being 'rent free' in order to save up some extra cash for a new location?

thanks again.
  • March 01 2012
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If you are on a month to month then you will have 90 days to vacate from the time the property is sold at auction. If you have an annual lease then the buyer has to honor your lease term if the property is sold to an investor. If it is sold to a primary resident user I think they can give you the 90 days.
I hope this is helpful to you.
Is the landlord paying the HOA fees? Just curious.
  • February 29 2012
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