renting a house up for foreclosure?

Question

I rented a house 6 months ago. A sheriff showed up at my house the other day and said that the owner of this home was served with a civil suit. we called the number and found out the landlord was named in civil suit for not paying the mortgage. what do we do?? what are my options? I signed a one year lease wtiht this landlord? can i break it? i need to know my options.

i just found out the house is up for foreclosure. shoudl i keep paying rent?? what do i do? i feel lik ei need to find another place to live asap.

Answer 1

Yes once the fourclosure goes thur...

Answer 2

Okay, here's the reality: Your right to occupy under that contract evaporates when the owner's rights to the property terminate. Yes, you might be able to sue them, but if they're in foreclosure, good luck.

Your real problem is that you can't move before the foreclosure without breaking your lease, and afterward you might be given only a few days to move.

Now, what you need to do is find out who the Plaintiff is, who is foreclosing. There's a REALLY good chance that the mortgage they are foreclosing entitles them to collect the rent, so you should probably look into that. More than likely all they need to do is file a petition to the court, and the judge will issue an order that they are entitled to the rent directly from you, and you pay them instead of deadbeat landlord.

Now, if that goes well, you can probably get an agreement with them that says they will continue to honor your lease to its end, or at least a certain time after the foreclosure is final, so that you aren't in the position of being given 3 days to move once you wouldn't be breaking the lease by doing so.

An attorney might be a good move if the Plaintiff's attorneys aren't responsive.

Answer 3

Depending upon the state and county you are in, it may be possible to compel the landlord to pay ALL your relocation expenses, as you have kept your payments up in good faith. The landlord is bound to keep his mortgage up to date if he is using the home as a rental unit, and since he has not, a case could be made that he defrauded you out of your home.
Check with the housing authorities in your city or county. Don't take this lying down!

And, you should STOP PAYMENTS right now! File a lawsuit against the landlord immediately. This will help hold-off the foreclosure proceedings as they apply to you. Don't wait! You can sue for breach of contract, as you had a lease, as well as several other things.

Answer 4

Good time to see your legal advisor. You could find yourself separated from your belongings if sherriff changes the locks.