Brooklyn, NY asked in Foreclosure and Landlord - Tenant for New York

Q: If a house was sold in January due to a foreclosure is the current landlord entitled to rent after January?

I am a tenant of a property that the landlord stated was going into foreclosure. The landlord vacated the property as of November 1st 2018 and at the same time my lease also ended. I continued to pay rent and she still collected payment from Section 8 Housing Authority as well. I put in for a transfer because the property was in need of repairs and the landlord stated the property can go up for auction any day.

The housing authority asked for current court documents which the landlord stated she didn't have and the terms of the agreement between the bank and her were private. All the landlord did was write a letter stating I had to move.

Yesterday, I received a document stating Pursuant to a judgment of Foreclosure and sale duly dated 1/4/19 and entered 1/8/19, I the undersigned referee, will sell at public auction at the kings county supreme court, 360 Adams street, Brooklyn, NY on May 09, 2019 at 2:30 pm premises known as *** Madison street, Brooklyn , NY 11221.

3 Lawyer Answers
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from the property until the auction unless a receiver or other type of order impacting rent collections had been entered.

Derek John Soltis agrees with this answer

Derek John Soltis
Derek John Soltis
Answered
  • Landlord Tenant Lawyer
  • Jersey City, NJ
  • Licensed in New York

A: Until the house is actually auctioned the old landlord is entitled to rent. Once the house is sold, then whoever buys the house will become your new landlord.

At that point, you will be a month-to-month tenant with them until you are offered a new lease or something else occurs.

The bank may also buy the property back at auction and you could end up in landlord limbo until the bank either sells the property or asks you for rent.

Just remember you have rights. Don't let anyone push you around, and call an attorney if you have questions.

Karra Kingston
Karra Kingston
Answered
  • Foreclosure Defense Lawyer
  • Staten Island

A: Yes, until the foreclosure auction actually takes place.

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