Foreclosure in 11434>Question Details

goddeomo, Other/Just Looking in Jamaica, Queens, NY

My landlord took equity during the booming time and abandoned the house and moved out of country. The property had been in foreclosures process and

Asked by goddeomo, Jamaica, Queens, NY Sat May 12, 2012

did not response to foreclosure proceedings. She came back and want me to start paying rent or I leave my apt. Court papers shows about 17 times court activities. What should I do? and what are my rights as a tenant in this Housing Market crisis?

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3
Anna M Brocco’s answer
Regardless foreclosure proceedings, or not, the rent needs to be paid in accordance with your lease agreement. For any necessary legal advice consult with an attorney who specializes in real estate.
1 vote Thank Flag Link Sun May 13, 2012
It doesn't seem fair does it? At the same time, you are the tenant and it's your responsibility to pay the agreed upont monthly rent, and he has his responsibilities being your landlord. The best thing for you to do is to speak to an attorney who specializes in Real Estate transactions, more so in landlord & tenant court.

I would think that you're supposed to continue paying rent, regardless of what his situation with his mortgage servicer is. I would not know if there are any law(s) that would apply specifically to this sort of situation, but this has become a rediculously common scenario, so I'm sure there has to be something there. I would like to hear an attorney's response to this question.

Good luck!

Javier Meneses
Senior Loan Officer
Sterling National Bank
jmeneses@snb.com
1 vote Thank Flag Link Sat May 12, 2012
I agree with Javier. You as the tenant have a lease with the landlord that you are obligated to keep no mater what your landlords financial situation. Your landlord has a mortgage with the bank, which is her obligation. The fact that she is not able to follow through with her mortgage doesn't give you the right not to follow through with your rent.

If the lender forecloses and asks you to leave, then at that point the landlord hasn't followed through with their contract with you. So, then you would have the right to stop paying (in my opinion and I'm not a lawyer).

I know it doesn't seem fair does it? If I were you, I would try to finish out the lease and be looking for a new place to live. Eventually the bank will foreclose, and even if the bank allows you to stay, they generally are not good property managers.

Good luck.
0 votes Thank Flag Link Sun May 13, 2012
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