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what right has the owner when his house is in preforeclosure, and im a tenant in his house?
owner wants money for his house who is in preforeclosure what i should do pay or not? what right she has in this house ? thank you
8 Answers
- loanmasteroneLv 71 decade agoFavorite Answer
By this person being in foreclosure has nothing to do with you paying your rent to the person that rented the place to you.
If you feel as though you do not want to live there any longer then you should give the landlord a thirty day notice that you are moving and then move.
She is still the owner of the house until the foreclosure is complete and is either sold or taken over by the bank as the collateral.
The owner could bring the mortgage loan current and keep the property, but then you would not know that because he is not required to tell you about his financial situation.
So as the owner he/she has the right to sell the property, rent the property of just let the property stand as is.
I hope this has been of some use to you, good luck.
"FIGHT ON"
- 1 decade ago
although reenz seems harsh ....she and the others are right but enough with all the "the owner has a legal right" BS.....yeah yeah we know....however you also know that this landlord may stiff you ....then what will these other wingnuts say? Lets look at it another way. You have been notified that the landlord may not be able to perform on his contract with you and you want to know of possible remedies to protect your interest in this contract right?
Real estate guy is giving you an angle that isnt protected by law but something you should try. If they have trouble doing that then look for another place immediately and move.
Get it in writing that they won't secure the deposit in escrow so when you move and IF (most likely they wont but you never know) they file against you then you can countersue for the deposit.
Having been on both sides (never a landlord in foreclosure)it has been my experience that the courts will slap you both on the wrist but in the end their action will be squashed along with yours and the difference of whoever owes who (deposit subtracted from rent)will be awarded. Be aware that if it goes all the way to that then it will show up on the owing party's credit as a judgment. So if it goes this far bring a cashiers check for the rent and tell the judge (do not get a pro temp judge as they are lawyers and not real judges and on matters like this are not as familiar with nuances)you have it if he has a cashiers check for the deposit. He might pull your case aside so you can try to get it through your landlords head that he is going to lose unless he drops it or goes to the bank and gets you cashiers check. Then when he gets back wth cashiers check you can ask the court to withdraw the suit.
I have done this exact thing with a landloard then with a tenant over damages and both times we avoided it going to a judgment. This may or may not work but if some of the pieces work then use them. Good Luck
- LILLLv 71 decade ago
Of course the landlord wants money. He owns the home, you live there. You need to pay for a service he is providing.
Your landlord is the owner of the property until the date of the trustee sale.
Your landlord owns the home and has every legal right to collect rent while he is the owner of record.
Your landlord can cure his default at any time and there is nothing that says the house will end up back in the lenders hands.
If you fail to pay, the landlord has every legal right to proceed with an eviction suit against you.
- efflandtLv 71 decade ago
The owner has the right to collect the rent that you agreed to, or that they can legally ask for without a lease, until such time that the lease is up, or you move out after any required notice.
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- Anonymous1 decade ago
by law, you are to pay the owner of the house. Since he still owns it, you need to pay him or he can kick you out.
I would however, ask him about the security deposit. I would tell him that in exchange for putting the full security deposit into an escrow account with both signatures, you will continue to pay rent to him until the bank tells you otherwise.
- Anonymous1 decade ago
Yes, you still have to pay rent. Why would you think you can live there free just because he may or may not foreclose in the future? LOL
- 1 decade ago
There are rights for tenants as well when a landlord is losing his/her rental property. Look into "Cash for Keys" and then sue your landlord for defaulting on your lease agreement.