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

    Oct 9, 2007, 06:16 AM
    Foreclosure on apartment bluilding
    I am living in an apartment that I have lived in for over 9 years and the landlord just had an foreclosure on it. Do we have to leave? And he is still saying we have to pay him the rent and there was a person from a real state brokers office who says we have to give him the rent who do we give it too?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Oct 9, 2007, 06:31 AM
    Contact everyone in the building, then speak to a attorney to have the rent placed in escrow until the matter is settled with the foreclosure.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Oct 9, 2007, 06:37 AM
    In a foreclosure all leases are terminated as of the date of the foreclosure. However, it appears that, at least initially, the lender who foreclosed on the property will continue to run it as an apartment building.

    You do need to continue to pay the prior landlord up to the official date of the foreclosure. To pay anyone else, you need to get a document from the foreclosure court that the property has reverted to lender.

    If you are unclear about who should be paid, I would suggest getting together with the other tenants and set up an escrow account in a local bank. Deposit your rents in that account until you get official notice of who the rents should go to, then you can pay them out of the escrow account.

    You said that a real estate broker said you have to pay them. This indicates that the lender may have engages them to sell the property. But as soon as you know its been foreclosed, you should try an negotiate new leases with the lender so they will be inforce when they sell.

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