I'm renting a house and was informed by the bank's attorney that the home is in foreclosure. I was instructed

Werty Yui
Other/Just Looking
Florida

to pay future rent to the bank. The landlord has said nothing to me. What should I do

Answers (3)
Keith Manson
Agent
Milwaukee County, WI

The first question is if you have a lease or not. The next question is what the status of the foreclosure, when is the foreclosure sale scheduled. Legally, if you have a lease, then you have a contract with the landlord that you could be obligated. A attorney could make you aware of the rights with regards to your lease. The next question if you are paying the rent to the bank how are they going to keep track that you paid them. Banks are not in the business of managing properties, they are in the business of processing payments for loans (in this case a loan they are foreclosing on). More than likley after the foreclosure the bank will most likely evict you.

Depending on the lease term and the schedulue foreclosure date I would start looking for a new place to rent. A attorney should give you advice on this to weigh out your risks in your specific case.

Sun Mar 8 2009, 04:47
Get-smart
Other/Just Looking
Charlotte, NC

if you want to stay in the house contact me, i might be able to work something out with the owner for you to stay.

Sat Mar 7 2009, 19:22
Linda M. Bagley
Broker
Seattle, WA
FIRST ANSWER

Hi Werty,

I have seen a lot of this in the last few months. Many of the home owners who realized they might loose their homes decided to find a rental home before their personal credit would prevent them from being able to rent. Then stopped paying payments to the lenders, rented their home and pocketed the renters payments, letting their home go into foreclosure.

In my opinion, the banks attorney has no business telling you to make a payment to the lender. Your rental agreement is with the homeowner not the bank. It is probably wiorth getting an attorney's opinion. I personally would not give the lender a dime.

You should also be concerned if you have a deposit, last month etc. because you probably will not see this returned when you move. If you are planning to stick it out till the auction, find out when that date is and be sure you do not pay the last months rent as well as the deposit portion you may have expected to be returned.

If you are planning to move, you might tell the lenders attorney if you paid a last months up front fee and deposit, and ask them if they will be refunding it?

I would give my 30 day notice and move.

Best to you,
Linda M. Bagley

Sat Mar 7 2009, 19:09

Didn’t find what you were looking for? Ask a question!

Search Advice
Foreclosure Center
Find the latest articles and answers on foreclosure properties! More »

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 76
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback