Our landlord is defaulting on the mortgage. We have paid our rent on time for the past four years. Should we continue to pay the rent to the landlord who is being foreclosed on or contact the bank ourselves. We are on a month to month agreement. Do we have any rights?
You must pay the landlord as long as he owns the house. Under recent legislation the bank cannot evict you right away when the house is foreclosed. They have to give you 90-days on the same terms as you are under now. You will need to keep track of when the foreclosure happens so you can start paying rent to the bank and know the 90-day clock is ticking. Any way you look at it, though, you need to start preparing to move sooner or later.
Timothy McCormick
Libris Solutions – Dispute Resolution Services
1990 N. California Blvd., 8th Fl
Walnut Creek, CA 94596