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View Full Version : Foreclosure/rental situation in MA


p_wilsonCC
Aug 28, 2010, 01:52 PM
Hi...

We are presently living in a home that has been foreclosed on and the auction went through on August 17th, in which, the bank reclaimed the home.

My problem is with the landlord. He is insisting he still has rights to collect rent from me, however I am reluctant to give him any as the house is no longer "his". (correct?). More to the point, our lease with HIM expires on August 31st and all of our rent payments have been made to cover that time.

He's been calling me pretty much every day asking for the money and being very insistent and at times rude, saying we are still legally bound to pay him money and that he still owns the house..

Any suggestions? I'm of the opinion:
1) He lost the house when the foreclosure auction went through.
2) Our lease expires August 31st anyway and we're paid in full through then.
3) If we should be paying rent to anyone, it's the bank now.

Thanks for your help!

cdad
Aug 28, 2010, 01:57 PM
Have you called the bank and asked them? They should be able to tell you the status and provide proof. Then if he asks tell him your willing to take it to a judge.

p_wilsonCC
Aug 28, 2010, 02:02 PM
I wasn't sure if that was within our rights to talk to the bank concerning his loan.

I'll certainly give them a call however.

Thanks!

ScottGem
Aug 28, 2010, 02:10 PM
I wasn't sure if that was within our rights to talk to the bank concerning his loan.

I'll certainly give them a call however.

Thanks!

You don't. You can't ask anything about his loan. But you stated that the bank reclaimed the property on 8/17. Therefore the bank is now your landlord and you have every right to discuss your tenancy with them.

cdad
Aug 28, 2010, 02:13 PM
As Scott has said its not about a loan. Its about ownership of the property so you know how to proceed.

p_wilsonCC
Aug 28, 2010, 02:14 PM
That's a great point! Totally didn't even look at that way. Guess I'll be calling them on Monday.

Thanks!