Hi all,
I've been an abstractor in Michigan for 27 years...whew! That's a long time when I see it written down. And even after all this time I still run into issues that confound me. So, I'm hoping some of my knowledgeable colleagues can enlighten me on the following situation, I will try to give the cliff notes version: Property located in Macomb County, property has been listed as "pre-foreclosure" for at least two years. Bank of America via Trott & Trott keeps adjourning the sale date monthly. MERS is not involved so that is not an issue. Apparently the mortgage was not assigned properly and no one seems to be in a hurry to correct this. Meanwhile, we assume the family is living there rent free. Which brings me to the newly presented dilemma. The owners packed up and left suddenly. New family moves in claiming they are renting to own. We told them the house is in foreclosure status. I remember back around 2009 there was a law protecting renters from getting thrown out of houses that were being foreclosed without their knowledge. The law was changed so that the lease would survive the foreclosure. But I thought that law expired in 2012?? So back to these renters..do they have any legal remedies available to them for not being told the status of the property? If it does go to sale they will be able to stay through the redemption period and then be evicted. Correct?? We think the owners got first, last rent and security deposit and blew out of town leaving these people with a rent to own NOTHING. The whole point of renting to own is that part of that money goes to the mortgage holder, not the owner. Can someone clarify? I could be totally wrong here. Thank you so much. I love SOT and have been a member for a while. This is the first time I've ever asked a question or for help.
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