QUESTION

Can a Land lord still collect rent if the property has been foreclosed on and it hasnt made it to auction?

Asked on Sep 16th, 2011 on Real Estate - Florida
More details to this question:
I am renting and I went on the county clerk of court website and saw where the final judgement had posted but it says the sell date is 2 months away. I heard that I need to call landlord and tell them Im paying bank. Is this true? Can he still have control of the lease or is it banks responsabilty now I do have year lease but it states it can be cancelled at anytime. I did know this would be coming but was hoping it would take longer. I would like to try and stay and work with bank if possible.
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1 ANSWER

You need to review any court orders, judgments and communications from lender to see if they say anything about your lease and your payments.  Typically, in a foreclosure, your leasehold interests are also foreclosed, so your lease may actually have been terminated in the foreclosure.  In that case, you could claim landlord is in breach, or there has been a judicial "assignment", and you shouldn't pay any rent to him. Foreclosures can be strange in that actual ownership transfer is not precise.  An order or judgement does not transfer legal title.  That will happen with a Certificate of Sale from the clerk. You can communicate with the lender and ask where to send your lease payments.  Perhaps you can use this as an opportunity to even renegotiate the terms of the lease.  There is a risk if you stop paying rent but my guess is that the lender will want you to stay in the property, so best to talk with them. As for paying the landlord, I would withhold further payments but keep them available pending how things work out.  It is highly unlikely at this point that the landlord would try to evict you.
Answered on Sep 19th, 2011 at 8:23 AM

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