What are the rights of a tenant upon foreclosure?

When a house is foreclosed in New Hampshire, a tenant’s rights are affected. Even though a foreclosure is an action against the homeowner, a tenant still maintains certain rights. The first right is the right to stay in the residence. The tenant must be given notice of the foreclosure proceedings, and the foreclosure can’t take affect until the tenant has either voluntarily moved out or an eviction process has been completed. A tenant must be given at least 90 days’ notice before they are required to move out. The second right is the right to receive any security deposit held by the landlord. A tenant is entitled to receive the entirety of any security deposit that was given to the landlord before the foreclosure occurs. Finally, a tenant may have the right to sue the mortgage company for any damages due to the foreclosure. This includes any expenses the tenant may have incurred from having to move, as well as any emotional distress they may have experienced. In conclusion, though a foreclosure affects a homeowner and their tenant in different ways, the tenant still maintains certain rights during the process. These include the right to remain in the property until they are properly evicted, to receive back any security deposit, and to potentially sue the mortgage company for damages.

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What are the rights of a tenant upon foreclosure?

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