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Hoss2051 · Nov 22, 2007, 10:03 PM

I live in upstate NY - near Albany. I rent a house with my wife and three kids. I was served a copy of notice of foreclosure against my landlord on this property (no payments since July 07).

What are my rights? Am I going to be kicked on the street during the winter now?

My lease expired in August and I am currently month to month (even though I verbally requested a renewal and it hasn't happened). The owners are very laid back on everything and I should've seen this coming... and now I'm scared for my family.

Thank you to anyone for your help or suggestions.

Dan

excon · Nov 23, 2007, 04:24 AM

Hello Hoss:

Unfortuately, you're going to have to move. Even with a lease, you'd have to move. At least you have notice. Some people here don't even get that.

excon

Cvillecpm · Nov 23, 2007, 06:01 AM

Send notice to your landlord with a letter from you that if you are not provided evidence that the foreclosure has been ABATED, you will withhold rent and relocate. Start looking for another home ASAP and don't expect your deposit back.

ScottGem · Nov 23, 2007, 06:34 AM

You can't legally withhold rent. As long as the landlord is the legal owner of the property, you have to pay rent to them. By withholding rent you just make it more likely that the foreclosure will go through.

You don't say what notice of foreclosure says. Is it the first step in filing or has the house been foreclosed on? You really need to understand where the house stands.

But the legality is that, once foreclosure is finalized you have no rights anymore. You have to vacate. Since you are on a month to month basis, then you should start looking immediately. As soon as you find a place you can give your landlords 30 days notice.

If the foreclosure goes through, you may be served with a vacate notice that gives you little time. However, the new owners cannot evict you without a court proceeding. So you can stall for some time to find a new place.

The possibility exists that the new owners might be willing to keep you on as a tenant in which case you can sign a new lease. Another possibility, if the foreclosure hasn't gone through is offering to buy the house from the landlords.

Fr_Chuck · Nov 23, 2007, 07:06 AM

While I may not want to pay rent either, legally you can be held liable for the rent as long as you are living in the property. So from a legal standpoint, you can't withhold rent, and they can report you and sue you for rent plus late chages if you don't pay.

Also as noted if you had a lease it would not help, forecloseure ends the lease also, so that will not help.
Once the foreclosure happens, you have no legal standing or right to be in the home, and some notices to move is as short as 3 days after foreclosure.
So your best bet is to move NOW.

Hoss2051 · Nov 23, 2007, 07:25 AM

It looks like the beginning of the proceedings. It gives them 20 days to respond to the summons by serving a copy of the answer on the attorney for the mortgage company who filed the foreclosure proceeding. Anl let me clarify that we do pay the rent on time and never have nor intend to withhold.

My wife is going to call this attorney just to get the low down on what's going on. I'm also in law enforcement, so if I have to, I can inquire other avenues of what their situation is.

Worst part is that the landlords have not even brought it to our attention. I wonder if they even know that we know? Of course - yesterday was a holiday - so I'm sure the next day or so will prove interesting.

ScottGem · Nov 23, 2007, 06:08 PM

The landlords have no obligation to inform you. Also the attorney may not be able to give you details. But if they are in the first stages, then its possible the landlords will come up with the arrears. So you really can't withhold rent.

But if they are in a real bad situation your offer to buy the house might be a win-win situation. You can get the house cheaply, maybe for little more than the mortgage balance. They get out from under without a foreclosure.