What to do if I’m a tenant in a home that has now gone into foreclosure?

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What to do if I’m a tenant in a home that has now gone into foreclosure?

The landlord does not know that I know this. I signed a lease 8 months ago. The taxes are behind and earlier this year when I first received notices, I asked her about it her about it. She said that it was taken care of. I followed up on my own and found out that she did enter into a payment arrangement but never made the payments to keep the home, therefore it has now been foreclosed. I’ve paid her first and last month rent and I’ve been on time each month with my rental payments. She stopped giving me receipts a few months ago but I’ve kept my reciepts from my money orders. I need advice on what to do.

Asked on June 30, 2015 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There's really nothing you can do: until the home is fully foreclosed upon--that is, until your landlord is no longer the owner, but rather it's been legally taken from her--your landlord remains your landlord and you have to keep paying the rent or be evicted. Once the home is foreclosed upon, however, your right to live there ends, since the person from whom you got that right--the landlord--no longer legally can give anyone the right to live there. So the new owner--e.g. the bank, or anyone buying it at a foreclosure auction--can require you to leave and evict you if you do not. You, of course, could contact the new owner and see if they will agree to rent to you.


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