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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33803
Experience:  Attorney for over 15 years, landlord 26 years
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I'm a Michigan tenant. My landlord has been dancing around

Customer Question

I'm a Michigan tenant. My landlord has been dancing around the issue to deliver a new lease agreement. Come to find out the property I dwell in has gone into foreclosure 2/24/16 for nonpayment of taxes. Just today, 3.7.16, he contacts me with two options, a) give me a 90 day notice to vacate, or b) come by with a new lease. Can a landlord facing foreclosure issue a lease after property is in foreclosure? Is this legal?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can a landlord facing foreclosure issue a lease after property is in foreclosure? Is this legal?

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Yes, legally he is still the owner of the property and your landlord until an actual foreclosure sale occurs and the property is sold at public auction.

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But the lease would be extinguished and any notice void if the house is actually sold at auction and you would just be a month to month tenant..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 9 months ago.
Ok. So we should not worry if he pays the delinquent taxes or not? We should be concerned with just satisfying our end of the agreement. What about the 90 day notice? Is this his way of trying to "scare" us?
Customer: replied 9 months ago.
I see that he has until 3/31/16 to pay 2013, 2014, and 2015 taxes.
Expert:  barristerinky replied 9 months ago.

So we should not worry if he pays the delinquent taxes or not?

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Not really because if he doesn't pay them, the house will be sold at tax sale and a new owner would take over ownership. They would still have to give you notice of at least a month if they wanted you to move out. Or they could just continue renting to you as a new landlord.

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We should be concerned with just satisfying our end of the agreement. What about the 90 day notice? Is this his way of trying to "scare" us?

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Yes, you just keep paying rent as normal and see how it turns out. If he loses the property, anything he had you sign is void. But if you wanted to stay on, it couldn't hurt to sign a new lease to protect yourself. If he lose it, the lease is extinguished anyway..

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thanks

Barrister

Customer: replied 9 months ago.
Thank you. Is it typically 30 days from notice of foreclosure sale to auction?
Expert:  barristerinky replied 9 months ago.

Generally yes, and then even after any foreclosure auction (if it happened) a new owner would have to give you at least another 30 days notice before they could try and evict you through the courts..

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But typically for taxes, something usually gets worked out with the owner to pay them or set up a payment plan. If this was a foreclosure due to them not paying the mortgage, then that is a different story and the sale usually goes through..

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thanks

Barrister

Customer: replied 9 months ago.
I appreciate your help. I believe the landlord will lose the property. He already lied to me back in January that he paid the taxes. He had until early February to make payment arrangements.
Nevertheless, your expert advice has been helpful.
Expert:  barristerinky replied 9 months ago.

You are very welcome. Glad to help any time. And as I mentioned, if he loses it at a tax sale, anything you sign with him would be meaningless anyway as he would no longer be the owner to enforce anything..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

Customer: replied 9 months ago.
I received excellent advise and look forward to using this site again in the future.
Expert:  barristerinky replied 9 months ago.

Thanks very much. Happy to help any time.. I think that there may be some type of rating scale or "smiley face" ranking that you can click to rate my service and close the question..

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thanks much

Barrister

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