Setup: Landlord did not disclose that the rental property was in foreclosure with 2 mortgages, only one of which had an agreement.
Question Details: Setup: Landlord did not disclose that the rental property was in foreclosure with 2 mortgages, only one of which had an agreement. We received sheriff sale notices after we signed the lease and moved in. We knew the landlord was POA for the owner, who was in jail for something minor (which we later found out to be multiple sex offender related arrests). Prior to moving in, and on the lease, we had an agreement that we would make the house habitable (which included moving out the owners trash, re-painting, repairs, and EXTESNIVE carpet cleaning).
Real Estate Law Answers
This sounds like it might be a case of fraud. To find out what your rights are, and how to go about enforcing them, you should talk to an experienced attorney in your area without delay. One place you can go to find the attorney you need is our website, http://attorneypages.com
Fraud is ordinarily based on knowingly false statements. However, in a case like this, if the foreclosure was already well underway before you signed the lease, and that fact was hidden from you, the law might also find fraud because of a legal duty to speak about this.
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