West Babylon, NY asked in Foreclosure and Real Estate Law for New York

Q: We have been renting a home for 18 mths now ..6 mths in I found out its in foreclosure proceedings since 2013.

Do we have any legal rights to this property ? We have paid thousands in rent and landlord has not paid any payments to bank ? Is there anything we can do since 1 he rented to us under false pretense and hasn't been paying the note?

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3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Foreclosure Defense Lawyer
  • New York, NY
  • Licensed in New York

A: Notify the bank, if you know who it is. Tell the landlord you are going to escrow the rent, until it is determined who should get it. You cannot be evicted if you have a lease.

Barry E. Janay agrees with this answer

1 user found this answer helpful

Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: Your lease is still good, but the landlord will change to the bank once the foreclosure is finalized. You should not pay rent to the current landlord who is in default to the bank, instead create a separate bank account that is in your control and deposit or transfer the amounts you would otherwise be paying in rent to that account. That is the safest thing you can do to preserve your rights presently, but you may want to retain an attorney in case an eviction proceeding is started or if you need to negotiate with either the current landlord or the bank.

1 user found this answer helpful

Derek John Soltis
Derek John Soltis
Answered
  • Foreclosure Defense Lawyer
  • Jersey City, NJ
  • Licensed in New York

A: If you do not pay your landlord rent, you face the possibility of being evicted for non-payment of rent. Until the bank completes the foreclosure action or applies to the court to enter into a receivership position and the court grants their application, your current landlord is entitled to rent.

1 user found this answer helpful

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