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KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 915
Experience:  Attorney at Law Office of KJLLAW
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My wife rents a business and has been told a bank (unknown)

Customer Question

My wife rents a business and has been told a bank (unknown) has foreclosed on the property. She puts her rent check in a mail box at the strip mall and after checking find the check picked up. Having NO contact w/ either the bank or the " landlord" how should she handle monthly payments?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  KJL LAW replied 11 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Under Florida law the landlord is still the legal owner of the property and legally entitled to collect rents until the auction of the property, even if the bank has foreclosed and has a foreclosure order. The only sure way to see if the landlord is still the legal owner, because the property is not yet auctioned, is to go to the county clerk’s office in the county in which the property is located. They will have detailed records of the foreclosure and auction and the new owner. If there is a new owner then you should not continue to pay rent to the old owner because he is just keeping your rent. Don’t send any more payments until you have checked with the county clerk to see the legal status of the property.

Expert:  KJL LAW replied 11 months ago.

if you have any other questions, please just ask.

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