Q: owner in foreclosure - she told me to hold rent, now she wants me to pay her legal fees to file bankruptcy, what to do?
owner in foreclosure, she told me to stop paying her, to save my money just in case. Now she wants to file bankruptcy to delay the process and asked me and the other tenant to pay $1000 to pay her legal fees, not for rent. I refused and now she is threatening to evict me and harassing me via text. She is not paying the mortgage, I want to move but want to live my security which she no longer has. I don't want to pay her. Should I let her take me to court and take my 2 months rent with me and let the judge tell me who to pay? what should I do? I am so nervous. I no longer feel comfortable paying her. Help me? please.
A: Do not pay her. You can take her to court for the security if you are allowed to have it. It depends on when your lease is up. If she is harassing you then you can report it to the police. Legally, you are best to write her and tell her in light of the foreclosure you will escrow the rent until it is determined who to pay.
A:
Until the house is sold at a sheriff sale she is still entitled to rent. She can evict you for non-payment.
If the house sells at a sheriff sale, the new owner will then be entitled to rent under your old leas, and also look into New Jersey Foreclosure Fairness Act, NJSA 2A:50-69, which adds more requirements for those who buy a sheriff sale property. You may be able to get your deposit back from the new owner.
Talk to an attorney to go over your options.
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