Should I continue to pay my rent if my landlord has been foreclosed upon and had a sheriffs sale?

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December 17 2008 - Birmingham
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Answers (5)

Hi Maureen, Ash_Lee here from Zillow -

Please avoid solicitation. Additionally, no need to provide your contact details on your comments. The users can go to your profile page to view your contact details. You may just address the question posted instead.

Thank you.

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January 05 2009
Profile picture for Maureen Francis _MI_
Richard,

I think you should seek the advice of a lawyer on this.  This site is not a substitute for legal advice.

Unfortunately, lots of good tenants have been stuck by landlords losing their homes. 

You might want to find out how long the redemption period is.  At the end of the redemption period, the bank will want you to move out, in most cases.  Public records should say when the sheriff's sale occurred.  Redemption typically lasts 6 months in MI. 

If you need help finding another rental, please feel free to contact me.  I am in Birmingham too.

Sorry this is happening to you.

Maureen Francis
SKBK Sotheby's
Birmingham MI
http://miOaklandCounty.com
248.430.4450


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January 04 2009
Profile picture for Ron Touchette
The lease most likely is still valid but thre is a clar question as to who the Lessor is due o the consumatted sheriffs sale whereon fee ownership changed hands, subject to redemption rights if any, so payment cannot be reasonably made to the rightfulOwner.  Therefore escrow the funds until clear rights of the Lessor are identified to the Lessee by the court.
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December 18 2008
Profile picture for DebtFreeDave
Interesting question... I would think that the lease is still valid.  I would think that legally you have to keep paying.
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December 17 2008
Profile picture for Ron Touchette
You should absolutely NOT pay any money to the Landlord after the sheriffs sale.  Contact an Attorney and deposit your required rent money in their trust account after sending the Landlord a letter stating your intentions.  Copy the Lender in on the letter.

After a sheriffs sale the Landlord is no longer the fee owner of the property, his rights extend only to redemption within a certain time period depending on what state you are in.  Seek professional advice but please do not give money to a person who no longer deserves it and who is not paying their mortgage!
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December 17 2008
 

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