Pittsburgh, PA asked in Foreclosure for Pennsylvania

Q: I have been renting a property for 9 years. And not it is in foreclosure.

In August I received a letter to pay my rent to a trustee. I have been doing that with the intent to purchase my house at the Allegheny Courthouse this February. Now my landlord served me papers saying that he filed Chapter 11 and that if I attempt to buy his house that he would sue me. He also demanded that my rent be paid to him. Who do I pay rent to? The law Firm or him? Can I buy my house? And what are my rights? Please look at Case no. 17-12482-cgm

Related Topics:
1 Lawyer Answer
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Foreclosure Defense Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: To answer your questions, I'd need to see what has been filed by your landlord in his Chapter 11 case, including what orders have been entered authorizing him to utilize his lenders' cash collateral (the rent you pay would most probably be part of that cash collateral). In addition, we'd need to know what kind of "trustee" sent you the August letter, and by what authority that trustee is acting.

I have to assume that your intent to purchase your residence next month at the Courthouse means that the house is being foreclosed and a sheriff's sale has been scheduled for February. If the landlord has filed a Ch. 11 bankruptcy, any foreclosure sale will be stayed by the bankruptcy court's automatic stay.

There are provisions of the bankruptcy code that pertain to your payment of rent to a landlord bankruptcy debtor, and possible rejection of the lease of the property. Without more information, we can't know by what authority some "law firm" claims to be entitled to your rental payments. Is the law firm representing the holder of the Mortgage debt on your residence?

To answer your several questions reliably, we'd need to review the landlord's bankruptcy filings and any orders entered by the bankruptcy court (they can be obtained with Pacer electronic court access, with a bankruptcy case number and the district in which the case was filed, as well as court-filed documents in the foreclosure case.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.