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Rental Company negligent during foreclosure

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by mbaldwin, Mar 18, 2009.

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  1. mbaldwin

    mbaldwin Law Topic Starter New Member

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    I was inquiring about my rights as a renter in CO; I am currently renting a home that is under foreclosure. Two months ago I contacted the management company that I am renting the home through to inquire about the foreclosure. They stated that they did not know anything about the foreclosure. After they contacted the owner and were assured that it was taken care and they guaranteed me that they were 100% sure that everything was taken care of and the owner had taken care of everything. This home was under foreclosure when I originally signed the lease. I have noticed that the owner has not taken care of the foreclosure because there has been an "Order to Sale" filed by the courts. I was inquiring if I get evicted from this house could I hold the rental company liable for not having due diligence and therefore being negligent in not knowing that house was in foreclosure and not communicating that to me? Also if the management could hold you liable for a breach of contract if I break my lease to find somewhere that is not under foreclosure. Any help would be helpful. Thanks
     
  2. Duranie

    Duranie Moderator

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    First of all foreclosures generally take 6-9 months for an actual eviction. also you should look up the tax records of the house. Once the bank takes ownership of the house you may be able to start making rent payments to them. I would be cautious about paying rent and if you have any deposit pay last months rent out of that because quite frankly it is unlikely you will get your deposit back. You still owe rent though and its probably not the managers fault the house is in foreclosure its the owners.
     

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