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Updated over 10 years ago on . Most recent reply

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Derek Moya
  • Beaverton, OR
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The house I lease is up for auction...

Derek Moya
  • Beaverton, OR
Posted

I have a year left on my lease and I have not missed a payment to owner even though she was in default. Will I be kicked out the day after the auction if someone buys it? I'm worried the sheriff will lock me out and I will lose all my belongings! Very nervous.

Derek

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Jay Hinrichs
Professional Services
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
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Jay Hinrichs
Professional Services
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied

@Derek Moya 

@Account Closed 

  Joe is correct on the owner occupied.. however as I was one of the larger foreclosure buyers in this county for going on 10 years I probably will know who bought your home if it indeed sells 3P

And most likely its a Judicial foreclosure as Oregon through out TD sales ( all thought those are coming back).. Go Right over to Hillsboro to the county court house walk into the recorders office and record your lease.. this will give constructive notice and it will cloud the title. along with the 6 month right of redemption ( now many of the guys I know will buy redemption rights up front) this may not be the case.. And again unless as Joe states someone buys it to live in  ( Very RARE) if you have a bona fide lease at market rate.. the new purchaser is bound to the lease.. And not to worry only about 5% of homes that go to auction are sold 3rd party. .You will probably be dealing with the asset manager or bank that took it back.. They won't give you a hard. time..

However as I stated recording the lease cost you 20 bucks or so but will all but assure you your tenancy through the term.. Not many title companies or any will write around that exception and give clear title.

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JLH Capital Partners

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