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I currently own a home in Washington State and can no longer…

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I currently own a home...
I currently own a home in Washington State and can no longer make the payments with just mine and my husbands income. HOwever we were thinking that we could rent it out and pay the difference so that we would not have to foreclose on the property. We contacted our mortgage company in regards XXXXX XXXXX a short sale or a loan mod but because we bought so recently in late 2009 they say our mortgage isnt "old enough" to be eligible for either of those two things. So our only option is to rent and pay the difference or foreclose. My concern is if my husband and i find ourselves in a place where we can no longer pay the difference in that the rent doesnt cover of the mortgage can we still collect rent for the renter and allow them to continue to live there without breaking some sort of law? I work in real estate myself and have heard of rent skimming, does this classify? I just want to make sure that if we get into that situation and still collect the rent that we are not breaking any laws and that we cant be sued by the tenant.
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 8 minutes by:
2/20/2012
Lawyer: David L, Attorney replied 6 years ago
David L
David L, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,255
Experience: Attorney licensed in multiple jurisdictions since 1997.
Verified

David L :

Hello.

David L :

For so long as you are the owners of the property, you are entitled to enter into lease agreements and collect rent, even if you are not making your mortgage payments. The tenant must also continue to pay you the rent, even if the property is in foreclosure. Once the bank forecloses and you lose ownership rights, the tenant would then make the rent payments to the bank.

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