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my landlord is in what he and his lawyer are calling a "modification"

 
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  • Answered by:RE Att. & Developer
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Customer Question

my landlord is in what he and his lawyer are calling a "modification" process and stating he is still the legal owner--do I have to still have to pay rent?

 

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State/Country relating to question: Illinois

Submitted: 277 days and 22 hours ago.
Category: Real Estate Law
Value: $49
Status: CLOSED
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Expert:  RE Att. & Developer replied 277 days and 22 hours ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Unfortunately, you do have to pay the rent. Actually there are two
contractual relationships involved here...the tenant's with the landlord and
the landlord's with the lender. One does not affect the others. The tenant's
contract with the landlord is for the tenant to pay the rent in exchange for
occupancy. As long as the tenant retains occupancy, the tenant is obligated to
pay the rent. Whether or not the landlord uses the rent to pay the mortgage is
not relevant to the tenant's contract with the landlord, but only affects the
landlord's contractual relationship with the lender. The tenant's tenancy is not terminated by a
foreclosure. The "Protecting Tenants at Foreclosure Act of 2009"
provides that bona fide leases survive a foreclosure -- meaning the tenant can
stay at least until the end of the lease, and that month-to-month tenants are
entitled to 90 days' notice before having to move out. An exception was carved
out for the buyer who intends to live on the property -- this buyer may
terminate a lease with 90 days' notice.



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Customer replied 277 days and 22 hours ago.

is "modification" just another word for foreclosure and we will be evicted anyway?

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Expert:  RE Att. & Developer replied 277 days and 22 hours ago.

No... a "modification" is an attempt to restructure the loan to avoid foreclosure. Neither a modification or a foreclosure will terminate your tenancy and they will not have the right to evict you unless you don't pay the rent.

Customer replied 277 days and 22 hours ago.

so is my lanlord is still the "legal" owner of this unit and we are to continue with rent? Should we not pay rent till we get proof from his bank that he still owns this place?

Accepted Answer

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Expert:  RE Att. & Developer replied 277 days and 22 hours ago.

Yes....until there has been an actual foreclosure sale, the owner is still your landlord and you would pay him the rent. You will need to pay him the rent until the existing owner or the new owner notifies you that rent is to be paid to someone else.

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 98.6 %
Accepts: 16059
Answered: 8/3/2012

Experience: Texas lawyer for 32 years; Also RE developer

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