123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Real-Estate-and-Foreclosure >> View Article

Renting A Home In Foreclosure - Do You Keep Paying?

Profile Picture
By Author: Nick Adama
Total Articles: 197
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Tenants living in homes or apartment buildings that are now in foreclosure are possibly the largest segment of Americans who have been forgotten during the foreclosure crisis. Many of them have leases in effect with landlords who have not paid the mortgage in months, and renters are also helping to finance the bailing out of the housing market, Wall Street, and possibly even the auto industry. It would seem logical for them to try and get something for nothing and stop paying rent, since everyone else seems to be doing it.

Unfortunately, renters living in homes that are going through the foreclosure process still have to pay rent as long as the landlord is the legal owner of the property and the tenants have a contract with him to lease his property for their own use. The contract will still remain in effect throughout the foreclosure, because foreclosure is a legal process that is dealt with over time in the court system.

Thus, just because a landlord has defaulted on his mortgage contract right now does not make the tenants' lease contract with him void. However, if the mortgage does go all the way through foreclosure ...
... and he loses the home, then the renters will not have to pay him anymore. Since the foreclosure eliminates his ownership interest in the property and transfers it to the high bidder at the sheriff sale, the landlord has no more right to collect on the lease agreement.

In other words, landlords can not enforce the rental contract once the foreclosure is over and they are no longer the owner of the home. But until then, tenants have to keep paying if they wish to remain living in the property. And even after the house has been auctioned off, there will be a new owner who may decide to keep the lease agreement in place, so it would be a good idea for renters to continue saving money even after they no longer pay rent to the original landlord.

But if the landlord does manage to pull out some miracle and save the home before it is sold, tenants do want to be caught falling behind on rent payments. If this happened, the owner of the property could sue the renters to have them evicted or take their security deposit or any other damages he can obtain in court. This would be an especially bad situation for tenants to be in — refusing to pay rent because the house is in foreclosure, only to become the ones in default themselves if the owner fixes the situation.

Of course, this resolution of the foreclosure may seem pretty unlikely if the landlord is already numerous months months behind, but predicting the future is impossible. The owner could hire an attorney, or negotiate a mortgage modification, or have enough equity in the home to qualify for a foreclosure loan with a specialized equity lender. In any case, it is always better to be prepared for the best and the worst outcomes of a foreclosure.
Nick writes for the ForeclosureFish website and blog, which provide foreclosure help and advice to homeowners attempting to hold onto their properties. The site describes numerous methods to avoid foreclosure, including deed in lieu, foreclosure loans, stopping a sheriff sale, and many more. Visit the site today to read more about saving your home while there is still time: http://www.foreclosurefish.com

Total Views: 405Word Count: 563See All articles From Author

Add Comment

Real Estate and Foreclosure Articles

1. Hanudharaa Dholera – Na Plots Near Dholera Sir & Airport
Author: Vivek Singh

2. Your Guide To The Best Florida Keys Real Estate For Sale
Author: Bluescape Vacation Rentals

3. Escape The City: Luxury Villas Near Mumbai Await You
Author: joyvilla

4. Godrej Sector 151 Noida – Discover An Exclusive Lifestyle With Premium 2, 3 & 4 Bhk Residences
Author: Godrej Sector 151

5. Senior Living In Sohna: A Smart Choice For A Happy And Independent Retirement
Author: Kuldeep Yadav

6. My Vision Of A Better Lifestyle Began With Hero Homes Yamuna Expressway
Author: Kishor Kumar

7. How Cost Segregation Knowledge Supports Real Estate Success
Author: POC

8. Cost Segregation Services: A Strategic Way To Accelerate Tax Savings
Author: POC

9. Why Do Two Flats In The Same Building Have Different Prices?
Author: chethan

10. Why M-sand Is A Cost-effective Choice
Author: cfloworld

11. Why More Families Are Choosing Modern Retirement Communities
Author: Kuldeep Yadav

12. Smart Strategies For Residential Property Tax Savings
Author: POC

13. Smart Ways To Challenge High Property Taxes In Cook County
Author: POC

14. Why A Canadian Colleges Email List Is A Smart Tool For Campus Services Marketing
Author: sara hill

15. Estimate Your Spanish Non-resident Tax Instantly With The New Modelo 210 Tax Calculator
Author: Bjorn Ingbrant

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: