I left my husband 3 months ago and didnt have anywhere to go with my two small children so a friend said i could stay at her house which she had left as she could no longer pay the mortgage on it. I have found out it was in court today (7th May) for repossession, the owner has been to the house today and said that she needs me out by tonight, obviously I have nowhere to go…what are my rights as to staying in the house and does she have the right to make me leave now or is it down to the mortgage lenders? Also does anyone know if it is possible to rent the house from the mortgage lender rather than buying it from an auction? I also own my own house with my husband but he is refusing to leave, the house is up for sale so just need to stay here til my house sells. Any answers would be a great help as I dont know what to do from here.
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The person you were renting from has no legal rights to the property. The bank owns the house, and they will not rent it to you.
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You have a couple of options. Go home to your husband or call your city, and ask where the nearest homeless shelter is. If you choose the shelter, the best ones do counseling to help you find a job, or get training for a job, figure a budget, and eventually get housing for your family. What is your husband paying for child support if they are his kids?
Every state is different, but if the property was foreclosed today, the bank now owns the property. Most states require that if there is a person in the property, that a formal eviction be filed before you are removed from the property. If they come into the house prior to eviction and remove your personal property, they could be held liable for any damages if anything is stolen or destroyed which is why you shouldn’t expect to be thrown out today.
I wouldn’t rely on the possibility that the bank will rent the property to you after the foreclosure because their main goal is to sell it and get it off their books.
I would go ahead and make plans to move within the next several weeks.