Different States, Different Tenant Foreclosure Eviction Views

Excerpts from: The Atlanta Journal-Constitution at http://www.ajc.com/business/content/metro/stories/2008/12/07/evictions_1207_4dot_3DOT.html.

Foreclosures Strike at Renters, Too

"Unlike some states, under Georgia law the tenant is not informed that a property is in foreclosure until after the process is over. Renters have little recourse under the law. They can appear in court to answer the eviction notice, a process that could delay their ouster for up to 21 days. But in general a judge is bound by law to order a post-foreclosure eviction. When tenants in Gwinnett get the boot, it’s Maj. David Parr’s deputies who evict them. Parr, of the county Sheriff’s Department, sees tenants as innocent victims caught in a situation that “isn’t morally right.”...

The sheriff in Cook County, Illinois rankled the banking industry and garnered national attention Oct. 9 when he halted all evictions in his jurisdiction. Sheriff Tom Dart said he was tired of his deputies showing up to evict home-owners and finding renters there. Dart ended the moratorium after meeting with judges to ensure renters are given a 120-day grace period before moving, as required by Illinois law.

The California Legislature passed a law this year that requires renters to have 60 days’ notice prior to being evicted from a foreclosed property. In Chicago, a new ordinance requires tenants to be informed within seven days of the beginning of foreclosure proceedings.

The Ohio Legislature is considering a Renters Protection Act, which would require landlords to tell potential tenants if a rental property is in foreclosure and notify current tenants of a foreclosure within 30 days of the filing."

This entire article can be found at: http://www.ajc.com/business/content/metro/stories/2008/12/07/evictions_1207_4dot_3DOT.html.