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John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience:  Over 15 years legal experience.
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I live in New Jersey My mom recently passed away and I lived

Resolved Question:

I live in New Jersey My mom recently passed away and I lived with her. I had a lease where i paid her 750.00 a month and lease was for 30 years. She left the house to me and unfortunately was fighting with Wells Fargo for a loan modification before she died and the house is in foreclosure. Am I protected under the anti eviction laws of NJ protected
Submitted: 1 year ago.
Category: Legal
Expert:  John Legal replied 1 year ago.
Welcome! Thank you for your question.

If you have a valid written lease then even upon foreclosure you cannot be removed from the property. Pursuant to 12 USC § 5220 the Helping Families Save Their Homes Act of 2009, P.L. 111-22, Div A, Title VII sec. 702, 123 Stat. 1660, before a tenant can be evicted due to foreclosure, if a tenant has a lease agreement the landlord must give 90 days notice that the lease will terminate at the end of the lease. This 90 day notice cannot occur until the lease is ending.

You must be aware that since you are a relative that the mortgage company may try and argue that the lease was a sham or was not valid for some reason. You should have a civil consumer protection attorney review your lease to assure that it will be considered a valid lease according to NJ law. So long as it is a valid lease you are protected from being removed from the property, even if the bank forecloses and sells the property.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you cannot rate me GREAT please do not rate. Give me a chance to make it right by clicking REPLY TO EXPERT.

I appreciate your question and repeat customers. You can request me by beginning your question with "Dear XXXXX..."

Thank you,

John

Customer: replied 1 year ago.

do you have any idea what is considered a valid lease. It has a beginning and end date to lease. Property address listed - states utilities she had paid and what I was responsible for. Original lease was dated 2008 and amended in 2010 to a lower amount signed and dated by both of us. .

Expert:  John Legal replied 1 year ago.
So long as it is fully written, signed and dated by both of you with clear terms it should be valid. However, for anyone to tell you with any certainly that the lease is valid or invalid it must be reviewed fully.

Customer: replied 1 year ago.

ok just one more question the fact that I am the executor of her estate and she left the house to me does that now make me the owner? is the lease still valid now that the house was left to me?

Expert:  John Legal replied 1 year ago.
You as executor and the house left to you does not make you owner of the property. The property is actually part of your mother's estate and owned by the estate that you control as executor. The lease would not be invalid. It would still be a separate contract between you and your mother. You have an obligation as the executor to uphold the lease.

I will say that you should be still paying your rent payments to the estate of your mother. Those payments would go to her estate account and would need to be used to pay the debts of her estate.

I am happy to answer further questions regarding the estate but please understand that it is actually beyond the original question. The only way we are paid is if you will give us a rating for each separate question. I would greatly appreciate and excellent rating.
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
John Legal and 7 other Legal Specialists are ready to help you
Expert:  John Legal replied 1 year ago.
Thank you so much for the excellent rating! Please feel free to ask for me by posting a question to John if you have further questions.


John
Customer: replied 1 year ago.

didn't realize after I rated you it would end the session can you answer my last question about who gets the payments one the house is foreclosed on? You have been a tremendous help to me. Wasn't sure where my kids and I were going to live

Expert:  John Legal replied 1 year ago.
Once the house is foreclosed on the payments will have to go to the new homeowner, likely the bank.
Customer: replied 1 year ago.

thank you

Expert:  John Legal replied 1 year ago.
You are so welcome. Good luck! Thank you for the bonus.

Again, later questions just start your post with the name John.
Customer: replied 1 year ago.

ok

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