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Foreclosure Law related to renters

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by twill22, Feb 2, 2015.

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  1. twill22

    twill22 Law Topic Starter New Member

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    My landlord is being foreclosed on currently. Do I legally have to continue paying rent? We do not have any lease or rental agreement. I was paying the mortgage directly to the bank, up until 6 months ago when she requested that I start paying her directly. I knew that was a red flag. Sure enough, I found out via the mail that she was not paying the mortgage. She denied this. The home has subsequently required repairs that I have had to pay for, as she refuses to do so. Thus, I have informed her that I am no longer able to pay any rent. All utilities are in my name. Also, what is my best course of action in order to remain in the home as long as possible. The mortgage company is trying to ascertain the occupancy of the home. I am unsure of what to tell them, as I don't want to expedite the process. Please advise. Thank you.
     
    Last edited: Feb 2, 2015
  2. army judge

    army judge Super Moderator

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    The Protecting Tenants at Foreclosure Act of 2009 (US LAW) mandates lenders and foreclosure buyers honor existing residential leases during and after foreclosure.

    The lone exception is when a property is bought by an individual who intends to occupy the rental unit himself or herself.

    At the termination of a lease or for tenants without a lease, foreclosing lenders and all other new owners, including those who intend to occupy the unit, must provide tenants with a 90 day notice and continued use forbearance before initiating any eviction lawsuit.

    You can continue to occupy the property for 90 days after the property changes hands.
    If you have one year remaining on a lease, for example, you can choose to stay utile the lease expires.
    If you're on a month to month tenancy, the 90 days applies.

    As far as staying rent free, be very careful.
    If you're under a signed lease, you're obligated to pay the current owner until the property changes hands.
    The you pay the lender or new owner.

    I advise my clients to discuss the situation with the foreclosing bank.
    In many cases, the bank will do one of two things, fatten allowing the tenant to choose.

    The bank will offer you cash for keys. In ther words, money to you to level in 30 to 60 days.
    The amount is often negotiated.

    Sometimes the bank will allow you to stay as a caretaker, sometimes for free, sometimes or reduced rent.
     

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