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I am renting a house to buy. its an estate sale. the

Customer Question
deceased father is waiting for...
I am renting a house to buy. its an estate sale. the deceased father is waiting for the courts to make him administrator. He is not paying mortgage, insurance or anything. The bank cant foreclose because its sitting in the courts. Is he allowed to be collecting rent?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: NEW YORK. AND I GUESS THE ONLY PAPERWORK FILED WAS TO APPOINT HIM ADMINISTRATOR.
JA: Has anything been filed or reported?
Customer: That's the only info Ive been given. I know the mortgage is in arrears and someone came to the house to file papers before I moved in. The neighbor had spoken to the person serving papers. Does this seem abnormal?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, thank you.
Submitted: 1 year ago.Category: Legal
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10/25/2016
Lawyer: LegalKnowledge, Attorney replied 1 year ago
LegalKnowledge
LegalKnowledge, Attorney
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Lawyer: LegalKnowledge, Attorney replied 1 year ago

Sadly, he can collect rent. I say this because the issue with the home and lender/ the mortgage not being paid, is between the estate and the soon to be administer and the bank and has nothing to do with you, as the tenant. If you reside there, you have a legal obligation to pay the rent. However, if this was a rent to won type of deal, you need to be concerned, since the home may end up being foreclosed on, if the mortgage is not paid up and taken out of default. Moreover, the lender could accelerate the loan and demand it be paid in full, once the owner has passed. You need to be very careful and try and find out what is happening, since if it is foreclosed on, your right to buy will be lost. Now, in a situation like this, you can try and work something out with the father. I say this because if you move, they would not be getting anything, so it is better if you stay and they get something, until this can be worked out and the home taken out of default and it will be known if it will be sold to you.

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Lawyer: LegalKnowledge, Attorney replied 1 year ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Lawyer: LegalKnowledge, Attorney replied 1 year ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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