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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My landlord has stopped paying the mortgage on the house I

Resolved Question:

My landlord has stopped paying the mortgage on the house I lease. The house was registered as "IN DEFAULT" by the bank on Oct 24th 2011. There are also many repairs (LeakingRoof, Water Damage) that have failed to be addressed since leasing the house 2 years ago. The landlord is a "management company" and NOT the actual owner of the property.
Since the house is in Default does the "management company" still have the right to collect rent on the property?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Roger replied 5 years ago.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

Yes, the management company has the right to collect rent on the property for the owner until the foreclosure sale actually occurs. Until the property is sold, the current owner remains the record title holder of the property.

Also, under the "Tenants At Foreclosure Act"; you will have 90 days from the foreclosure sale date to vacate if you're a month to month tenant. If you have a written lease, you are allowed to remain in the property until the lease is up (unless the buyer plans to use the property as his/her primary residence, and in that case, you would have 90 days to vacate).

During the time after foreclosure, you would owe rent to the person that bought the property at the foreclosure sale.
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