[tonymg]

I've been renting a house for about years, tried to buy it, mortgage company needed one more month to give better rate. I had given earnest money to agent, but they showed house to someone else. She had panicked because she couldn't wait a month to sell. Well... I find out she was in foreclosure. Hadn't paid in about three years. She has taken me to court to get her rent. Mind you, I've been paying for 4yrs, but she hadn't been paying. Now she trying to pput me out to sell the house and make the money all over again.

[Fr_Chuck]

The fact she is not making her house payment has no bearing on your relationship.

If you have a rental agreement with them, you are suppose to pay rent.
And yes she can force you to pay or evict you.

[ScottGem]

First, as Chuck said, her foreclosure has no bearing on your paying rent. You should continue paying rent up to the date of closing.

Did you sign a contract for sale? The "earnest money" you paid, was there any thing in writing about it?

There are too many things left unsaid here.

[tonymg]

Hey Scott, thanks for the your input. It seems as she has not only not held up on her end of her contract with me, but she has also filed cpter 13 in which it was dismissed because she wasn't paying it either. So basically she has been collecting money for three years(over 34,000 behind). She is not given me the right of first refusal, but yet trying to sell the house while I'm still in it.

[ScottGem]

It doesn't matter what she has or hasn't done, it matters what she is contractually obligated to do. If you paid money to a real estate agent to insure right of first refusal or as an agreement to purchase, then that contract would be binding. You can sue her to enforce that contract.