BEST ANSWER
FIRST ANSWER
I'm not a lawyer, so this isn't legal advice. But you're probably not. Hindsight is 20-20; why did you pay a year in advance? In that case, you might have been better protected if you'd put the money into an escrow or trust account, with instructions that it be paid out monthly.
But if the money is gone, and the owner is facing foreclosure...
It's possible that, technically, you were defrauded if you could show a court that the owner had no intention of using your money to pay the mortgage. But showing intent is very difficult, and if the owner's facing foreclosure, it's likely there isn't any money to recover.
You didn't say how much time is left on your lease. The only saving grace is that the whole foreclosure process can take awhile--six months or more after the initial default, and sometimes quite a bit longer. So, while your status in the property may be uncertain, it's possible that you may be able to remain there for most, or even all, of the term of the lease.
Good luck.
Thu Aug 28 2008, 18:33