We rent home that is going to foreclosure (or alredy in the process).We received notice on our door saing that home is on foreclosure and we probably need to look for anover place.It was shock for us because our landlord said before that everything is Ok with this home.We tried to rich her but she never answered to our calls.After few week a person came to our home and asked who is living wrote somethig in his papers and left.We didn't payed for rent and finaly she called us.My husband explaned her that we don't know whom we need to pay,because we know that she is not paying her mortgage and didn't paied taxes for this home for last 2 years(we checked it at public records)
We dont have any written agriment.Before we moved here she asked us information to check our credit score(SSN, credit cards info).Before this insedent we payd her at the time by checks. Now we are two months behind.We asked her to proof that she is still the owner, but she doesn't contact us.Instead to contact she sent her friends and they threatened us to pay or the police will evict us from house in three days.Next day they came again and tried to open the front door with the key(we changed locks because of the previous incedent). After they leave we found a three day notice to pay rent or quit.But just in case we made a police report.
ANY IDEAS ...WHAT IS NEXT? HOW SHOULD WE ACT?
Shoud we pay rent if home that we rent is foreclosure?
This is a terrible situation to be in! For you to pay your rent on time only to find out the landlord has not been paying their mortgage! First of all, you need to find out what your tenant rights are in the state you live in. Rest assured, you cannot be evicted in 3 days. If you don't pay in 3 days from the delivery of the notice, the landlord can choose to go through the eviction proceedings. This will take some time. Go to this web address http://www.rentlaw.com/statelist.htm and click on your state to get your landlord tenant law. This will give you an idea of how long the eviction process takes.
This being said, your landlord has the right to evict you even though the home is in forclosure. In my opinion you should pay the rent. Not doing so could result in eviction and that would really screw up your chances of renting elsewhere. It could make life miserable for you for years to come. You could take a chance on the eviction court judge ruling in your favor, but that's risky. Find legal aid in your community. Most large cities have tenant associations that give free legal assistance. Give written notice to your landlord that you'll be moving. Make sure the time frame complies with your state law. Know your rights and comply with the law. Get help now and good luck. Oh, and you can confirm ownership of the home by calling your county assessor and simply asking who the owner of record is. Calling is better than searching on the web as some times it takes a little while for the data to be updated.
Shoud we pay rent if home that we rent is foreclosure?
YES! You still MUST legally pay the rent until the bank takes possession. Her not paying the mortgage has NOTHING to do with your legal obligation to pay the rent. If you do not pay then she can legally evict you. A 3 day notice is legal when you have not paid the rent.
She was a little rude about it, but she has the law on her side here and you will lose. You need to pay the rent or prepare to be evicted.
No! Do not pay another cent regardless of what the law in your state is. So what if she evicts you, the bank is going to do that anyway once the foreclosure is complete. And the eviction process will take months - not three days. It's very unlikely that she would take you to court - she has enough to worry about already.
As for the moral aspect - you have been paying the rent for two years presumably with the expectation that if you paid your rent on time - you would keep a roof over your head. She was collecting your rent without meeting her obligations, and if it hadn't been for the notice on the door, it's very likely you never would have known there was a problem until the foreclosure went through and you were evicted by the bank or new owner.
So no, don't pay. Instead keep the money you would have given her and put it towards 1st and last and security on a new place plus your unexpected moving expenses.
