Foreclosure in 34639>Question Details

Spring, Real Estate Pro in Florida

I got forclosure papers from the bank for the home we are renting. Can my landlord legaly make me pay rent?

Asked by Spring, Florida Thu Feb 7, 2008

while it is in the forclosure process?

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Answers

7
Yes, you still owe rent. The owner of the property remains liable to the lender. Even if the owner is not current on his/her payments, the liability remains. The owner may work out the obligation with the lender thorugh any number of potential options. A short sale may leave the owner still liable to the lender. The owner could restructure his/her loan, enter a repayment plan through bankruptcy, etc. The only reason for you to not make your rent payment is if you lack the ability to do so for a very good reason.
4 votes Thank Flag Link Thu Feb 7, 2008
Deborah Madey, Real Estate Pro in Red Bank, NJ
MVP'08
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Spring,
Your agreement is with the owner/landlord. Chances are they will look to you to pay them as if nothing has happened. If you don't pay, and as long as they are the owner of record, they can evict you. Regarding the foreclosure papers you received from the bank, did they mention a sheriffs sale date? Obviously the owner has not been paying the mortgage with the rent you have been paying to them. That is wrong and it puts you in a bad situation. As far as I underdstand the foreclosure process, as long as the home is occupied, the owner will have a longer processing time to the sheriffs sale (usually 6 months if occupied). It would be to the owners advantage to sell the home or have the home occupied with renters paying or even not paying. Hope that helps.
Good Luck!
2 votes Thank Flag Link Thu Feb 7, 2008
very good advice from all, but I would seek legal counsel on this matter.
If the owner is not paying the mtg with your rent, you could escrow it, otherwise my best advice
is to be quickly looking for another place to live.

Once the foreclosure sale is in process, one day the Sheriffs Dept will show up on your doorstep and throw all your stuff to the curb. Because YOU ARE NOT the owner, you may not know when this is going to happen. I've had to do this before, and if there are children involved, it is not fun ;(

If I were you, I'd find another place to move asap. Not sure where you are, but if you want some help, let me know and I'll put you in touch with someone that can help you, Whatever you do, do NOT wait - as the mtg company does not have to inform you of what is going on. You may just show up from work one day and see all your stuff at the end of the driveway and the locks changed. .
1 vote Thank Flag Link Thu Feb 7, 2008
Spring, ask the Seller to do a short sale. If you're an agent you may be able to earn a commission on the short sale. Good luck! Alma
0 votes Thank Flag Link Wed May 19, 2010
Dear Spring,

Yes, and the landlord can file eviction papers if you do not pay that will stay on your public records.

I believe as long as you are paying "market rents" you will be able to stay until your lease expires--even if the lender forecloses and takes ownership.

Go to the clerk's office for the county you live in and check to see what stage the foreclosure is in. If it is just a "lis pendens" this is the preliminary foreclosure filing. Ask your Broker and maybe they can give you some help with understanding the foreclosure process.
0 votes Thank Flag Link Wed May 19, 2010
Understand, Foreclosure takes time and the owner has many future opportunities to keep their property even to the very end through court mediation. Tenants have to pay their rent.

Also Obama Signs New Federal Law Protecting Renters after Foreclosure. Please note the word AFTER.

For information. For what ever situation that leads to the foreclosure process, banks will stop accepting payments from property owners; so its not necessarily the owner who stops making their payments.
Perhaps, your rental payment will help them keep their property when they get to the round table of negociations.

http://www.tenantstogether.org/article.php?id=723
0 votes Thank Flag Link Wed May 19, 2010
Hopefully you don't have a year to go on your lease. You will still need to pay the rent until the Sheriff removes you. Time to get a realestate attorney involved.
0 votes Thank Flag Link Thu Feb 7, 2008
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