why it SUCKS to rent...foreclosure

Our landlord hasn't paid the mortgage for over a year and the house we are living in is going into foreclosure.
Another reason why I can't wait to buy a house!

[Michele]

I'm not 100% on housing laws but I thought the bank was supposed to honor your lease. It still sucks that you won't be able to renew though. Maybe MrsK will pipe in with the actual rules.


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[diggitydot]

Def check your rights (and their resposibilities) with an attorney or the local legal aid. I think Michele might be right.

[Vanquisher]

I think you're hosed. I've seen a lot of renters kicked out of forclosures.


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I'm sorry! Definitely consult someone about your rights, which may vary by state and may depend on your lease terms. Look at the Protecting Tenants at Foreclosure Act of 2009.

[Deebs]

I'm not an attorney. But, I think this is a state-dependent issue. I do know that this is the reason Cook County's (which encompasses Chicago) Sheriff refused to act on foreclosed properties. How were you notified? Maybe you have a good deal of time before you have to vacate????

[MrsK]

I agree with what many have said here. Tenants' Rights differ from state to state. In many states, "all tenants in possession" have to be joined in the foreclosure complaint, all occupants of the house are served, and then they are named in the complaint. If they don't leave, the bank will evict the tenants. They generally want to remove the tenants so they can sell the house asap. Banks aren't interested in being landlords. In this economy, if you are renting from a priviate homeowner (as opposed to renting an apartment in a rental complex where the bank would want to keep the property as full as possible so it continues to generate income) then foreclosure is a risk.

We were served papers from the sheriff. Our landlord said to me on the phone yesterday, that I wasn't supposed to find out about the house going into foreclosure. I told her I think we have every right to know we are the ones that are going to have to move. Then and made it loud and clear that I have to make sure to still pay our rent. Um thanks lady, maybe you could figure out how to pay the mortgage!! She hasn't been making payments regularly for the past 3 years. We have only been living there for 6 months. I almost yelled at her and said so what the crap did you do with the $9,200.00 worth of rent money we have given you over the last 6 freakin months.

[MrsK]

Don't pay her any more rent. Terminate your lease and move ASAP. I don't know what your lease says but it is pretty likely that your landlord is in default. The sheriff coming to serve you is a good indication that your "quiet enjoyment of the premises" has been disrupted.

That sucks!! I can't believe she didn't give you any warning. She must have known this was coming. I hope you can find another place soon.

[MrsK]

She didn't warn them because she didn't want them to move out or stop paying rent.

[MDPhDWife]

Ugh, that sucks! I wouldn't pay another dime in rent. How long was your lease for? You may be able to sue her for moving costs if your lease wasn't supposed to be up yet.

We signed a 2 year lease. We will NEVER do that again! She had the nerve to call me today and ask me to pay my rent 2 weeks early for next month. I had to check in the mirror I thought I must have had STUPID stamped across my forehead. I almost said why, so you can take my next months rent plus our security deposit? Then she told me she didn't know she had been sued and she won't be foreclosing on the home.... um the bank says otherwise lady. I don't know if she is really that dumb or she is just trying to play it cool and think I am stupid enough to give her our next months rent 2 weeks early.
I have an appointment with a lawyer because I am not sure if we have to pay our rent at all right now, or if it is just a waiting game for the sheriff sale.
Part of me does feels bad for her, but how could you let someone move into a house and rent it, when you are have not been paying the mortgage for the last 3 years, and have no intentions to pay the mortgage? Some people are just REALLY crappy!

[diggitydot]

Yeah, go with your instincts and DON'T give that deadbeat a penny before absolutely necessary. My guess is that no matter how great of condition you leave the place in, you'll need to sue her for the return of your security deposit.

[Meenah]

If she isn't paying the mortgage you will never get the security deposit back. I wouldn't pay another dime.