Foreclosure in Oregon>Question Details

Zena Doherty, Renter in Newberg, OR

Can my landlord legally collect rent if the property is in foreclosure?

Asked by Zena Doherty, Newberg, OR Mon May 28, 2012

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Here is my non-legal interpretation. Yes they can collect rent, but typically the Trust Deed specifies that those rent monies are to be given to the bank or to be used to maintain the property. Remember you have a contract with the landlord to pay rent. Unless your contract says you won't pay rent if they are in foreclosure your agreement is a completely separate legal document from the contract that your landlord has with the lender to pay back money. These are two separate contracts.
0 votes Thank Flag Link Tue May 29, 2012
Yes. And you should continue to pay your rent directly to the landlord until officially notified to do otherwise by the court. Until the home is actually foreclosed on, and ownership changes, the owner is still the owner with the full rights of an owner including the right to collect rent. If you fail to pay your rent, you can be evicted. I am not an attorney, but I am a landlord, so, while this is not to be considered legal advice, my practical advice is to continue to pay your rent.
0 votes Thank Flag Link Tue May 29, 2012
Yes =- if you really want to know LEGAL - ask an attorney though.
0 votes Thank Flag Link Mon May 28, 2012
This is not legal advice and I don't know about the laws in Oregon but in Washington the owner of the home in foreclosure usually can collect rent from their tenants.
0 votes Thank Flag Link Mon May 28, 2012
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