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-   -   The home I have been renting, has been taken by bank, is my lease still good (https://www.askmehelpdesk.com/showthread.php?t=716341)

  • Nov 12, 2012, 09:05 PM
    UpNReady
    The home I have been renting, has been taken by bank, is my lease still good
    I live in Va. I have been renting for 4 years, and I just found out that the home went to auction, and the bank bought it back, is my lease still good, and how do I get my security deposit, and pet deposit back..?
  • Nov 13, 2012, 02:09 AM
    Fr_Chuck
    You will have to talk to your old landlord about the deposts, ( don't expect to get them, since he lost the house, most likely he does not have the money to pay you.) But he will be the one to pay you.

    You need to talk to the bank about continue to rent, or perhaps you can discuss buying the home
  • Nov 13, 2012, 05:57 AM
    ScottGem
    Your lease needs to be honored. Most banks would prefer to have a renter rather than allow the property to be vacant.
  • Nov 13, 2012, 06:07 AM
    joypulv
    When someone (even a bank buyback) buys a house, they are responsible for reading leases and collecting deposits from the seller. You are entitled to your deposits from the new owner, when you move, at the end of your lease.
  • Nov 13, 2012, 08:15 AM
    AK lawyer
    Quote:

    Originally Posted by joypulv;
    When someone (even a bank buyback) buys a house, they are responsible for reading leases and collecting deposits from the seller. You are entitled to your deposits from the new owner, when you move, at the end of your lease.

    I wouldn't count on it.
  • Nov 13, 2012, 09:13 AM
    joypulv
    Quote:

    Originally Posted by AK lawyer View Post
    I wouldn't count on it.

    If the deposits are clearly shown in the lease, they are part of the sale, and even if the seller is broke and long gone, the tenant has recourse against the new owner.
    If they aren't shown, then I agree that it will be tough.
  • Nov 13, 2012, 09:34 AM
    ScottGem
    Quote:

    Originally Posted by joypulv View Post
    If the deposits are clearly shown in the lease, they are part of the sale, and even if the seller is broke and long gone, the tenant has recourse against the new owner.
    If they aren't shown, then I agree that it will be tough.

    The problem here is that a foreclosure is not an actual sale. It may not be until the bank sells the property, that the buyer will be responsible for the tenant's deposit.
  • Nov 13, 2012, 10:31 AM
    joypulv
    The bank IS the owner and landlord and is responsible for everything provided for in the lease.

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