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    Please help..

    I have a question that I am hoping someone here can help me out with... I just filed a pro se chapter 7 and surrendered my home in the process.. My sale (auction) date was set for 1/24, and I filed 1/16 stopping the sale.. How much longer will I have in the home? Im in Florida, and I know that the bank will file to stop the stay and theyll get it since I surrendered the home.. I have a house that I can rent now, but If I have another 6 months in the home I may as well either stay there and save, or maybe do a cheap short term rental on the house as long as the tenants understand they may be given short notice to move out.. Thanks for any help..

    #2
    Holy cow. That's cold. You'd rent to someone knowing you won't own the place after a few months. What the heck is the renter supposed to do when that happens? How'd you like that happen to you?

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      #3
      I think he's saying he'd find someone who only needs the place for a few months and just rent it to them for a month, maybe two.

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        #4
        That's great as long as he tells the renter the place is only good for a few months. I don't think many people would want to move to a place knowing they only have a few months to stay. Your gonna have to cut a heck of a deal!

        This would be an interest lease to read. Since you got no idea when the place will be sold what do you tell people who want to rent? What goes in the lease?
        Last edited by Frank; 01-18-2007, 07:19 PM.

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          #5
          There is no lease..you rent month to month. Thirty day notice and you are out. Not a big deal at all...yeah, usually the rent will be slightly below market, but lots of folks would love a short term lease..
          NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

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            #6
            If you rented a house that was in foreclosure, I think you would probably run afoul numerous issues, the first being unfair and deceptive trade practices act. At the very least, you would have to disclose the fact, and probably do this as more of an under the table transaction, i.e. rent it to a buddy. Also, I can't imagine their are too many people eager to rent a "house" on a short term basis.

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              #7
              Yeah, there is no way in the world I would rent the house to someone not fully aware of the situation... The homes in the area rent from anywhere between 1400-3500/mo, so I was thinking in the 1000/mo range and maybe to someone who moved expecting a closing on their house but got delayed for some reason instead of living out of a hotel or something. thats fairly common as the neighborhood is still years away from completion. But they would know that its in foreclosure, and they would recieve a very short notice to vacate..

              I am trying to make the best out of a crappy situation, but Im not about to screw someone over.. my house is still immaculate including the work I put into the landscaping as I dont want my neighbors to suffer from my situation by having a decrepid house next door.

              so, how long do you guys think I have before they give notice to vacate?

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                #8
                Just curious as I am in a 13 and not a 7, but if you rented out the house, wouldn't that be considered income? God forbid what if you rented to someone that won't leave? Why rent it at all, it is not like you are losing money on it. I would just rent a place and move on, be happy that you were able to file a 7 because living in a 13 is awful.

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                  #9
                  If your case goes the way most I've seen on PACER do,.............. The Stay will probably remain in effect until after your 341 Meeting. Generally, that's when mortgage Lenders file a Motion for Relief of Stay. After the 341. Then you may get another month or so before you have to leave.
                  Filed Ch 7 - 09/06
                  Discharged - 12/2006
                  Officially Declared No Asset - 03/2007
                  Closed - 04/2007

                  I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                  Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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