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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28013
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I found out July 14th the house I am renting as gone into

Customer Question

I found out July 14th the house I am renting as gone into foreclosure me and my wife moved in in mid January a cording to foreclosure papers owner as been in default since last August 1st I paid him for Feb rent he knew that we were going to Atlanta once a month because my wife had cancer and I had lost my job in march when we were there and then she passed away on April 8th my friend is a mechanic that he was working to help me out with rent by working on his cars for him and not charging him to put it to rent for me I have been back to work since mid may was able to paid him for July that is when I found out the house was in foreclosure as of June 9th what should I do continue to paid him or not and move out before hand
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.

Good evening. I am sorry to hear about your loss and what you are going through. Legally, you still need to pay rent, if you want to reside in the home. However, in a situation like this, you do have some strategic options. First off, if the home was or went into foreclosure, he would be in breach of the lease agreement and you could vacate and sue for damages, if he fails to cure and reinstate the loan. Second, since he is not paying the mortgage and pocketing your money, you can offer to pay him less or threaten to vacate, at which point he will receive nothing, since nobody is likely going to rent with the home in foreclosure. Finally, you can not pay him anything and take the chance that he will not waste the time, effort or money in evicting you, since the home is going into foreclosure and if he is losing it, may not care to go after you.

Expert:  RealEstateAnswer replied 2 years 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!