Renting a house that is in foreclosure.?
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You still have to pay rent; that's your obligation when you signed the lease. The fact that your landlord is in foreclosure is between him and his lender; it has nothing to do with you and your landlord. You've got to get out ASAP, though.
The above lady is correct in her advice. The reason your landlord wasn't truthful to you is because if he told you that the home was in foreclosure and not likely to be saved, you would move early (if possible) and he'd lose the added rent money. He chose to think of himself first, and you not at all. Which is a trait that probably explains why he's in foreclosure in the first place. Too bad you have to be the one that suffers the consequences of it.
It's rather difficult to give you advice because this is a legal matter and laws vary from state-to-state.
I don't know where you live, but many cities have non-profit tenant's rights organizations that can help tenants understand and exercise their legal rights. Your city or even local TV station may have an ombudsman service that can help you figure out what next steps to take.
You also need to know what the local foreclosure process is in your area. As I understand the process in my area, even after the foreclosure sale is complete, the person living in the property legally has 21 days to vacate. In foreclosures where a renter (like yourself) is involved, sometimes the buyer of the property wants you to stay in place because they've bought the property as an investment and they intend to rent it anyway.
The lawyers handling the foreclosure are not necessarily in a position to know anything about that side of the transaction. I assume they're acting on behalf of the mortgage company, and their concern is that the foreclosure process is properly handled from their client's point of view.
Do not rely on advice from responders here that tells you that you don't have to pay the rent. You and your child will the ones who suffer if you follow bad advice, even with good intentions behind it.
And don't rely on the mortgage company's lawyers telling you that your landlord can't evict you. If he's losing the property anyway, and if you're not paying him rent, there's no telling what he might do. A friend of mine recently found all of her possessions on the street, even though she had been told by everyone she knew that it was illegal for her landlord to evict her. Somehow he managed to do it anyway.
Do try to find local organization(s) that specialize in tenants' rights. TV station ombudsmen or your local city/state office of housing may be able to give you referrals to agencies or other services. If you're willing to go on TV, some other landlord or kind person, hearing your story, may offer to give you temporary housing, defer the first and last month's rent or help you in some other ways. You never know.
If you think you'll have to move (i.e., you don't want to wait until after the foreclosure sale to figure out if the new owner wants you as a renter), start throwing stuff out now that you don't want to have to pack later. It's amazing how much junk we accumulate and moving is a stressful experience even in ideal circumstances.
I wish the best to you and your son.
pay your rent, move out by sept, then sue his ***!
thats what i would do anyway!
There is legal way then the real way. At this point your landlord will only be your landlord until 9/15/06 esp since has not paid since December at this point I would not expect to get your deposit back , nor can he comply with the rest of the terms of the lease, do not place this in writing but when he ask say you can have the deposit for July to Sept take care, once who ever takes control of the place negotiate at least another month to move out the law or maybe get two months free
Unfortunately there is a clause in Deed of Trust that states in the event of foreclosure, the owner can no longer collect rents on the property. Now this means the completion of foreclosure and Trustee sale. Until that time, your lease is with him and you would still have to pay.
Have an attorney or Legal Aid take a look at the lease. Considering the fact that you no longer will be able occupy the property, and condition notwithstanding, how long does the landlord have to return your deposits. Each state has particular laws. I would document everything!
I'm going to assume the owner isn't going to let you out of the lease on your end. Why should he when he's technically making money on it. Profit and no mortgage. If you break your lease and stop paying, you probably will still be liable for what ever penalty the lease states, regardless of the foreclosure status.
Good luck :(
you should talk to an attorney or public defender ASAP regarding state & local laws regarding this matter!
i'm very sorry you're in this position, and i hope someone can help you ASAP!
The legal answer is you have to pay your rent as if you are not aware of the foreclosure and if you get evicted prior to the contract expiring, then you need to take the owner to court for damages due to breach of contract.
That said, the real world answer is to screw the landlord and live there rent free until you are forced to be moved out by an eviction proceeding. By that time, you should have money saved up for a new place. Let's be honest here, if the landlord is not in a position to save his house, he/she is in no position to return your deposit.
I deal with preforeclosures and the majority of the time I interact with the owner to help them out, they tell me that they have taken care of it or they have it under control. Trust me when I say that is not the case and I am saddened to see a person lose their home with nothing to show, where I might have been in a position to help them.
Regards
Here are the laws in your state on this site...legal resources, chat rooms, click on Laws & Statutes and then your state.
Another option...chat live with a lawyer that can also give you a list of lawyers in your town.
http://www.lawyers.com/
If you cannot afford a lawyer call legal aid for a Pro-Bone-O Lawyer
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