If you rent a home or own a home, you can be impacted by foreclosure. It’s important to understand the laws and know how to protect yourself. Following is information for tenants facing foreclosure, how to protect yourself from foreclosure rescue scams and what to look or if you are considering buying a foreclosed property.
Tenants facing foreclosure should review Virginia Code § 55-225.10. When a property is foreclosed and a tenant lives there, the foreclosure terminates the lease regardless of the length of the lease term. A tenant may remain in possession as a month-to-month tenant until the new owner sends a 30 days' notice of termination. Written notice must be given in accordance with the rental agreement, or the provisions of § 55-222 or § 55-248.6 of Virginia Code. Until the new owner terminates the month-to-month tenancy, the terms of the rental agreement remain in effect except rent shall be paid to the new owner as directed in a written notice to the tenant.
Virginia Code § 55-225.10 requires a landlord to give written notice to a tenant of a mortgage default, notice of mortgage acceleration, or notice of foreclosure sale relative to the loan on the dwelling unit within five business days after written notice from the lender is received by the landlord.
How do you know if someone you talk to genuinely wants to help you prevent foreclosure or if they are setting a trap to take your money and possibly leave you homeless? In stressful times, it is difficult to know when someone is really saying what they mean, or just delivering empty promises.
A home is one of the most expensive purchases a person will make in his or her lifetime, so the decision to purchase a home should never be an uninformed one. To minimize unpleasant surprises and unexpected difficulties, you’ll want to learn as much as you can about the newly constructed or existing house before you buy it.