If the landlord foreclosed on the house, can she still collect rent from me?
Asked on Oct 24th, 2013 on Foreclosures - California
More details to this question:
I hope you can help. I have found a docket filed that shows my landlord has foreclosed on her house. The case shows "DECIDED". She has not said a word to me. Since there is no "Sale date" per the town, do I continue to pay? Is she still the landlord (owner)? She has received cash from me monthly with no receipt and no receipt for my security either. As a single mom, I can't exactly go apartment shopping while still paying her.
If the landlord is in lawful possession of the property she can still collect the rent. However, if your occupancy will be disrupted by the foreclosure you may have a right to terminate any lease you might have signed. It depends on how the bank treats the tenants and of course whether you wish to stay there.
If the foreclosure sale has been completed, she is not entitled to the rent. Best bet is to contact the lender and ask for documentation showing that the title to the property has been conveyed to the lender. You may need the help of a local real estate lawyer to help you review whatever documentation the lender sends you. That should cost no more than $200-$400. If you can't afford that, check with your local legal aid clinic-often nearby law schools have their own clinics that will provide such assistance for free, if you meet their income limitations, or they may charge a small fee if you don't.
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