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    poohsmom's Avatar
    poohsmom Posts: 1, Reputation: 1
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    #1

    Apr 26, 2008, 06:59 AM
    The Place I Rent Is Being Forclosed
    The place I rent even after paying all my rent to the landlord is being forclosed. My spouse is disabled he has lupus and is on dialisis and the landlord knew this before renting to us. I have live here for 19 months. I was wondering if I have any recourse on my landlord with him knowing full well that he was disabled but yet did not pay his mortgage to leave us in a spot where we do not have a place to live and no money to rent any other spot. He told me I still have to pay my rent, if I do this my family will be on the street. Any help would be great. Dawn
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #2

    Apr 26, 2008, 07:45 AM
    If you are on a month-to-month lease, you can give 30-days notice and move. If you have a longer lease, you are legally required to honor your lease. That means paying rent until the house is actually foreclosed on. It is possible that he could stave off the foreclosure by paying up right before the actual auction, which is why you can't use it as an excuse to not pay rent.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 26, 2008, 07:59 AM
    This has become a serous issue but you are stuck between various laws, all of which give you no basic rights.

    1. you have no say what he does with the money you pay, if he wastes the money and loses his home you have no control over it

    2. if you do not pay the rent, you can be evicted for non payment

    3. if the home actually does foreclose, the new owner can evict you with notice and any lease is void

    Several things can happen, he can sell the property and they will have to honor any lease ( but a foreclosure does not give you any rights to the lease) he could pay and catch up the home.
    And the house may be in process of foreclosure for months.

    You could see if he may allow you to buy the property for what he owes on it and finance it from that bank
    Fortuna's Avatar
    Fortuna Posts: 1, Reputation: 1
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    #4

    May 3, 2008, 11:24 PM
    Can disability paid by a insurance company be garnished? It is not Social Security, it is long term disability? Thank you for a response.. The state is Minnesota
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    May 4, 2008, 06:55 AM
    Quote Originally Posted by Fortuna
    Can disability paid by a insurance company be garnished? It is not Social Security, it is long term disability? Thank you for a response.. The state is Minnesota

    From what I can tell, yes, they can.

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