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Ask C.Fortunato Your Own Question
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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Our landlord is in preforeclosure. we found out by notice sent

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Our landlord is in preforeclosure. we found out by notice sent to the house.
she refuses to discuss it other than to say everything is fine and our information is incorrect. Our information comes from a mortgage broker who is in contact with the title co. We gave a letter to the landlord requesting our copy of rental aggreement be returned to us. We have not had it since shortly after we signed it nov 09. According to ca law and our lease, the security/ pet deposit is to be held in an account. we requested proof this has been done. In the letter we have stated that she is also to provide proof of mortgage being modified or redeemed, or she can start using our deposit in leiu of rent until she takes care of both. In my inexpert opinion she is in breach of contract. We signed lease in nov 09, her last mortgage payment was dec 09, notice of default is dated april 2010, date of public auction is aug 4, 2010. Landlord says title co is wrong and is demanding rent or she will deliver pay or quit notice. What to do? She has always been sketchy and have caught her in many lies
Submitted: 7 years ago.
Category: Legal
Expert:  C.Fortunato replied 7 years ago.
Hi JACustomer,
Tenants are supposed to pay the rent to whoever owns the premises - even if in foreclosure - until the premises is sold to someone else. When the premises is sold to someone else, that new owner then becomes entitled to the rent. Since the lease started before the foreclosure process, there was no wrongdoing involved on the part of the landlord.
Additionally, the new owner must honor the lease, so you would be allowed to stay at least until it expires, or for 90 days, whichever is the longer period.
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