Who says the papers were mailed to you at that address? You get your mortgage bills there? I think you were served in hand there, only it was your tenants who either were, or found the papers stuffed in their door. Also, tenants, if known to the mortgage company, MUST be given notice of the foreclosure action, so maybe your mortgage company sent THEM notice. Why are you so sure that everything was in your name? There were strong protections for tenants put into place after this foreclosure thing left tenants homeless. From Nolo law: Suing the Original Landlord If a tenant can prove that the original landlord failed to disclose that a foreclosure was imminent, amounting to fraud, the tenant can sue the landlord for monetary damages -- the cost to the tenant of moving and any increased rent. (To learn how to sue for damages in small claims court, see Nolo's Small Claims Court area.) However, the tenant would still have to move out of the rental unit, which is not an ideal situation for most tenants. When Does a Landlord Have to Disclose a Possible Foreclosure? Landlords are under a duty to disclose material information that any tenant would want to know when considering whether to sign a lease. Is the possibility of foreclosure something that the landlord should have disclosed to any prospective tenant? The more likely it was that foreclosure would happen (for example, the landlord has already received notice of foreclosure), the more likely it is that the landlord should have disclosed the possibility of foreclosure.
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