In October we received a posting on our door stating that as of 11/1/06 the house is foreclosed and auctioned. Is it legal for our landlord to still collect rent from us? We have been paying it but I'm not sure we should be.
2007-03-12 03:14:38 · 5 answers · asked by chickadee2624 1 in Politics & Government ➔ Law & Ethics
The notice on the door stated that possession was to occur one month after auction if the house is unoccupied or 6 months after auction if the house is occupied.
We do not have ANY lease or written contract of any kind with our landlord. Also we bought a house that we close on at the end of the month. I just wanted to be sure that he's not pulling the wool over our eyes.
2007-03-12 03:43:50 · update #1
by law if you have a lease you have to pay the rent while you live in the home. Untill you are forceably removed from the property you are responsible for the rent the forclosure is between the landlord and the finance company and has nothing to do with the renter except for the notes on the door and those you should just give to the land lord. I would look for a new home but DO NOT stop paying rent while at this residence. I am a landlord and if you were to stop paying be reguardless what my financial state was I would sue you for the remainder of the ballance of the lease. essentally you stop paying your breaking the terms of your lease.
2007-03-12 03:22:28 · answer #1 · answered by shann882 1 · 0⤊ 1⤋
Did you keep a copy of the notice? Can you state verbatim what it stated?
In most states, until you receive notice from the mortgage holder or the Court that you are to start making payment to someone else (either the mortgage holder, bank or a Trustee of the Court), you need to continue making timely payments to your landlord (don't pay cash, pay by check so you can obtain copies of the cancelled checks if need to to prove that you paid the landlord), but also request clarification from your landlord in writing (and keeping a copy for your records) of what the current status of the Foreclosure is.
It is not unusual for a mortgage company or bank to file foreclosure proceeding if a debtor (your landlord) is in default on the payments.
If the property had been auctioned off and there was a new owner, it is the new owners responsibility to indicate to you in writing and indicate that all future payments are to be directed to them, so it doesn't sound like this has happened.
A mortgage holder or bank that wants to ensure its rights will usually take the extra effort to send letters to the address where you reside to notify you that the payments are in default to allow you ample warning that you may need to move in the very near future if the foreclosure proceeds. Not all mortgage holders/banks to this and sometimes just let the Sherriff's posting on a door do the talking for them.
It is possible that the landlord worked out an written agreement with the mortgage holder/Bank and they have not filed a Notice with the Court yet as the Agreement may require payments be made on time by your landlord for a specific period of time (6 mos to 1 year typically) and if the landlord doesn't the Agreement is immediately recinded and the foreclosure proceedings continue.
2007-03-12 03:27:43 · answer #2 · answered by bottleblondemama 7 · 1⤊ 0⤋
It sounds like he pulled it out. If it had been auctioned you would have been evicted by the new owner already.
2007-03-12 03:22:20 · answer #3 · answered by Anonymous · 1⤊ 0⤋
No...it's not his home anymore.....it was sold to someone else....better start looking for a new place...most new owners will have tenants evicted.
2007-03-12 03:23:33 · answer #4 · answered by Anonymous · 1⤊ 1⤋
stop paying and look for a new place to live!
2007-03-12 03:17:40 · answer #5 · answered by Anonymous · 2⤊ 1⤋