We live in Utah. The property we rent was defaulted on by the owners and is now owned by Fannie Mae. We have a lease through October this year. Our bank sends our rent check every month to the address provided by the property mgt company. They haven't been cashing the checks and the funds are returned to us after 90 days. Are we still liable for those rent payments? We have bank records of the checks being sent each month.
Optional Information: Country relating to Question: United States State (if USA): Utah Already Tried: Contacted Fannie Mae. We were told to contact property mgt company.
Thank you for using Just Answer. If you require clarification, please feel free to post a follow up question.If title has changed due to Foreclosure your lease remains in effect so long as you are not in default. Generally, you would get notice from the lender to start sending rent to a successor to the landlord. You are not excused from rent payments due to foreclosure but you need to call the management company and find out who is collecting the rent now.
Our original lease with first owner has expired and we now have a lease with Fannie Mae which expires in October. My question is can we say we're not liable for the rent payments we made but they did not process. They gave us the address of where to send rent and the checks expired after 90 days.
No, you are still liable for the until the Statute of Limitations expires. The fact that there is a glitch in their management system does not create a rent free premises for you. The lease obligation remains in effect.
Experience: Over 25 years experience representing clients.