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wesbound1 | I have been paying rent and the owner has not payed his mortgage? |
I moved in about 9 months ago and been paying rent and all this time the landlord has been pocketing the money. now the house went in foreclosure and they put a trustee of sale on the door.the lender told me not to pay him rent anymore because he has not been paying his mortgage and he knew he was in default and never told me, mow he wants to sue me for not paying the rent can he win or what are my rights |
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Landlord
 |
The lender did not tell you that. The lender can not legally talk to you.
A real estate, or delivery person, but not the lender, may have said that, but they are not correct.
Your contract with the landlord has nothing to do with any other contract he is in. You have to pay rent. He will not only win this is court, his other contracts will not even be heard by the judge, he can not legally take that into consideration. |
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gafpromise
 |
It is none of your business as a renter what a landlord does with your money. You are obligated to pay rent as long as you are living there. A foreclosure does not void your rental agreement. Whoever told you that was wrong wrong wrong. Unfortunately you are in a tough situation because they will probably end up making you move anyway. |
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sexygalkiki
 |
if you live in new york
take picture of the sign that say foreclosure...make sure you have all your recipe and your lease ...go to the court and get him served.don't worry about what he is doing . went he get served and it time to go court make sure you tell the judge that the building is in foreclosure and you will like him to give back your deposit..so you can find another place..you could sue him too.. don't let your land lord get over you. you have right too he trying to scare you so you could pay the rent...you have tenant rite
so good luck..also take picture of any thing that he didn't fix in the house |
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src50
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The lender is wrong. As long as he still owns the property and you live there, you owe him the rent. |
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rnwallace07
 |
If you know the mortgage company (or bank) to which payments are made, contact them and tell them that you want to pay the rent to an escrow account. That way you are fulfilling your lease agreement. If you stop paying rent entirely, you would lose any court case. By paying your rent to an escrow account and not to him, you are legally not responsible in any way for his misconduct. If he sues you, he would lose the case,as you are maintaining the contract portion of renting that pertains to you. |
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Lola
 |
The foreclosure process could take some time and he might evict you during the interim. Regardless of whether or not he is using the funds to pay the mortgage, you must pay your rent because your lease is an enforcable contract . Also, the property you are in is probably being marketed as a rented unit and you might be able to remain in the property after it it sold IF it is sold to an investor who doesn't intend to live in it.
For more real estate advice visit http://www.guycorrado.com |
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Corona
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This happened to my cousin. Thankfully she had receipts that she had paid every month. Hopefully you didn't pay in cash. Regardless though of whether you paid your rent, he still had a mortgage to pay which is ultimately his responsibility. |
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joscasta
|
What the lender told you was wrong.
Your agreement was between you and your landlord. As long as your landlord still owns the house, you need to keep paying him rent. Until that house is sold, however it is sold, you need to keep paying rent.
The agreement between your landlord and the bank is a different agreement and doesn't concern you at all until the house is sold. |
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tink
 |
You have rights too, start looking up tenant laws, this is becoming a big problem. Document everything and get in contact with the local government housing. Request in writing from his lender about his default when you want to rent another place having this may help you out, to prove this was beyond your control. |
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