Foreclosure in 33647>Question Details

Dorothy Diaz, Home Buyer in 33647

I currently rent a townhouse and was just told it's in foreclosure. Do I need to continue paying rent?

Asked by Dorothy Diaz, 33647 Tue Mar 31, 2009

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3
Katrina Madewell’s answer
Unfortunately in helping other clients in the same situation as you, I've had this conversation with several different real estate attorneys and the short answer they gave me was 'yes' because your lease agreement is a completely different binding agreement than your landlords (completely separate) binding agreement with their bank to pay the mortgage payment.

I know it sounds so jacked up (not to mention COMPLETELY UNFAIR), but it made 'legal' sense to me...

All my best,
Katrina Madewell
0 votes Thank Flag Link Thu Apr 1, 2010
BEST ANSWER
Dear Dorothy,

You can go online and see what stage the foreclosure is in. First pull up the legal name of the owners by inputting the address at the property appraiser's office:

http://www.hcpafl.org/www/index.shtml

Then go to the County Clerk's office to lookup the owner's name for foreclosure (Lis Pendens, Judgement):
http://www.hillsclerk.com/publicweb/search_official_records.aspx

Pull up the Lis Pendens and you will find the attorney who is handling the foreclosure and also the name of the servicer for the lender. Send a certified letter to both and ask them if you can continue leasing until your lease is up. They may also ask you to send your lease payments to them directly. I believe Fannie Mae and Freddie Mac are offering tenants the ability to stay in the property until the lease expires.

The other question to ask your landlord is if your deposit is in a separate account and can they produce evidence of same. Otherwise you may have difficulty getting your deposit back.

I'm not an attorney so this is just "realtor" advice. You may want to seek the advice of an attorney.

Hope this helps.

Alma
Alma Rose Kee, P.A.
Charles Rutenberg Realty, Inc.
http://www.SoldOnTampa.com
Web Reference: http://www.soldontampa.com
0 votes Thank Flag Link Tue Apr 7, 2009
You do have a contract as a lease and you are obligated by the lease to pay your rent, maybe the owner will be working with the bank to try to save the house, If you do not pay he will still be able to take you to court , I know now a lot of owners are in a bad situation financially and it is the right thing for you to do.

Be looking for the letters from the owners lender to come and you will know if you have to move or not, the lender does not want the house to be vacant, you will have up to two months to relocate.
0 votes Thank Flag Link Tue Mar 31, 2009
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