The foreclosure complaint does not name me as a tenant. What should I do to protect my rights?
How to file a Notice of Tenancy
If you were not named in the foreclosure, you can file a notice with the court. This notice will let the court know that you are living in the home as a tenant. Here are the steps:
- Copy the information from the top of the foreclosure paperwork. Include the court name, the case number, and the division. Include the plaintiff and defendant names as they appear on the foreclosure paperwork.
- Title your paper “Notice of Tenancy.”
- Tell the court your name, address where you live, the person from whom you have been renting, and how much rent you pay.
- Tell the court how you meet the requirements for protection under the PTFA. See the explanation above on who is a "bona fide tenant" under the PTFA.
- Request that no Writ of Possession be issued. Explain that the PTFA allows you to stay for at least 90 days after the new owner gives you a notice to vacate. If you have a lease, you should ask to remain until the end of your lease term (if that is longer than 90 days).
- Sign the Notice. Write your name, address, and telephone number under your signature.
- Write that you sent a copy of the Notice of Tenancy to the Plaintiff’s attorney by mail. Write the address where you will send it and the date that you will send it. You can find the name and address on the foreclosure paperwork. Sign again underneath this information.
- Make two copies of the Notice of Tenancy when you finish with steps 1-7. File the original with the Clerk of Court. Send one to the Plaintiff’s attorney and keep one for yourself.
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