My landlord is already in short sale and home is under agreement. who do I pay my rent too?

Judy
Other/Just Looking
Everett, MA

Landord has never told me his home is in a short sale I found out by my sister who is an agent. Home is under agreement and rent is due who do I pay. Landlord still has not said a word

Answers (2)
Mark Warren
Broker
Malden, MA

Hi Judy,

As per your current lease/TAW agreement your rent is due regardless of the short sale request your landlord has made. Under your landlord's mortgage his/her lender has the right to collect your rent if in-fact the mortgage payment is not being paid BUT the lender needs court approval for this to happen and you would be more then notified of this was happening. Beyond this you need to pay your rent or you will be subject to the terms of your lease or TAW agreement which means that failure to pay your rent you could be evicted. Also, calling your landlord lender will not serve any purpose they will not give you any information since you do not have a 3rd party authorization.

GOOD LUCK!

Mark Warren

Wed Nov 4 2009, 16:27
Don Tepper
Agent
Fairfax, VA
FIRST ANSWER

I'm not a lawyer, so this isn't legal advice. However....

You pay your rent to the person stated on the lease. That, probably, is the current owner. The lease probably contains provisions regarding changes of address, where the rent is to be sent, etc. If you receive a notice, per the terms of your lease, to send it elsewhere, then do so. Otherwise, pay per the lease.

Further, in a short sale, the current owner is selling to a buyer. Just as with a regular sale, the property is owned by the current owner until it's sold.

Now, there's the question of what happens when the property is sold. In jurisdictions with which I'm familiar (and check with a lawyer on this), the new owner is bound by the terms and conditions of the present lease. So, upon change in ownership, the payment would go to whomever the new owner designates. However, the new owner would be required to recognize the terms and conditions of your lease.

Again, check with a lawyer for clarification on these and other related issues.

Hope that helps.

Sun Jun 1 2008, 09:15

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