In the event of foreclosure of a home is the landlord allowed to collect money from the tenant?

Question

rented a home from a woman who presented the house through a reality company as being avaialble for 12 month lease. Within the first week I moved in a mortgage loan collector came to the door, and said he had been to the property for several weeks trying to give notice, but the property was vacant. My landlord 2 weeks later came to me, and confirmed that the house was in the process of forclosure, and that my family, and I have to leave. Up front I gave her $1175.00 for security, and $1175.00 to the leasing company she listed the home through as first months rent counted to their comission ( I moved in the 10th of OCT and my prorate was to be paid in November). My landlord returned my security, and check for my 2nd month's rent uncashed, but I believe the reality company is also responsible for presenting me with a lease that was never valid, and should return the money I paid to them, and then they go after my lanlord for commiting fraud.

Yes my husband will contact a lawyer, but we prefer not to sue, and just curious what others believe my legal rights are in this matter.

The house was already going under forclosure AT THE TIME we were signing the lease our landlord just thought she could get out of it by renting out the home.

Also I think the reality company is at some fault for presenting us with a false lease - they didn't check teh status of the property THEY wer representing, and DI NOT inform us that they don't chekc teh status of tehir clients or properties before they offer a lease to us - I'm not saying they shouldn't get paid, but my lanlord should have the loss not me considerign she scammed us, and I am out A LOT of money having to move again - not asking her to pay for anything other then the money she wrongly collected in the first place.

my typing sucks sorry for spelling errors

I don't get it why do they conartists always win? I didn't pay ot live in a house that was being forclosed apon, and I DO NOT want to live in a hous etaht is going through forclosure I dont care if they like me to live here on free rent I don't want to I just want the money back so my children can be in a stable reliable living situation. I have a son with autism as well who doesn't adjust to change eaisly, and the stress of moving again is going to be a great struggle after just moving 3,000 miles away, him learning to adjust to this new place - It is just not right at all. I fell taken advantage of, and its not fair to my family.

Answer 1

It depends upon where you are located.

If the house is under foreclosure it is a legal proceeding and if the court has not issued an order assigning the rents to the court or to the mortgage holder then it would be payable to the landlord.

I would stay in the house as long as possible without paying rent to anyone. Once you have recouped your costs from the free rent then either move or contact the mortgage company. Maybe there is an opportunity to become a homeowner.

If either side provides a court order saying they are entitle to receive the rent then advise the party that you have prepaid X$ to the owner and her Realtor. And will vacate one it is either repaid or been compensated by free rent.

The mortgage holder will like the idea of someone occupying the house until they are ready to sell it. It is free protection for their property.

Answer 2

It depends on whether the foreclosure is just starting or just finished. I can't tell which on the facts. I'm inclined to think it was just filed and took the landlord by surprise.

Your lease is a transference of the right to occupy. Filing foreclosure doesn't cut that off, the final order does, so it matters whether they just filed or just got an order. If they just filed, then your lease is still valid. The foreclosure cuts off the rights of the owner, which would cut off the rights of the landlord, and would cut off any rights you have under the lease, but if they just filed, that's months away. The lender/plaintiff probably has the right to collect the rent (under your lease as it is, they can't demand more) until the order is final, and probably would prefer to collect a few grand than have it vacant.

If it was just filed and you want to stay, what you need to do is pay rent. Find out where it was filed and call the plaintiff's attorney and/or the court clerk and ask them what to do. You owe someone rent, but the court should give you a document saying who gets it. Probably the plaintiff, but you are entitled to an order so you can't be forced to pay twice.

Answer 3

The landlord is actually required to pay any rents earned on their home to their lender, and the lender can allow you to stay during the foreclosure process.

I'd try to find out who their lender is and speak with their loss mitigation department about staying for a while if you need to.

The realty company really can't be expected to run credit checks on the landlords they list for all the time. Assuming you got to stay for the first month, you got what you paid for.

Answer 4

i'd pay the lease on your modern-day landlord. If/even as the the position is forclosed on the valuables falls back to the monetary agency or creditor. you do not have a freelance with the recent living house proprietor. you've the right of area. that's really puzzling and a lengthy procedure for the recent living house proprietor to get you out. lots of cases they pays you a lump sum to ward off the time and expenses of going to court docket. even as they can make lots of noise and scare techniques to attempt to get you out, legaly they could stay with a procedure. Dont help the recent proprietor in any way through giving them names or different suggestion. Fill any place of work artwork despatched to you through the courts. bypass to each and each and every listening to and plead your case of how lengthy you've lived there the project in shifting and the better expenses of renting elsewhere. contained in the great you'd be ordered to bypass. think ofyou've got lots of time to understand the date and time you would want to be out. make constructive you bypass to each and each and every of the hearings. Ask for extentions even as plausible. The courts would have a bias on your want. As a landlord I have discovered first hand on how lengthy this can take. In a simular case it took on the point of two years and $20,000 to bypass through that procedure. i'd attempt to carry out for a lump sum, inquiring for shifting and different expences from the recent living house proprietor who isn't your new landlord. think ofyou've got pleanty of note they cant only come and lock the door on you. even as that's authentic you may lose your deposit, it would really be short-time period as you would honestly get it back in court docket. it variety of feels that your modern-day landlord is holding you cautioned on the project. in case you the position to bypass he would have little probability of re-renting the valuables. when you consider that he of course is fallen on problematic cases you may approuch him with the conception of truly paying 1/2 the lease extremely of shifting out now.