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Old 11-18-2017, 08:29 AM
 
60 posts, read 49,085 times
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Yes, my lease ends in 4 months.....I am just concerned about being evicted by bank if auction goes through......hopefully they will file bankruptcy so this will not affect me until after I move.....such deadbeats
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Old 11-18-2017, 09:18 AM
 
755 posts, read 1,079,475 times
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Quote:
Originally Posted by bankinggirl View Post
Yes, my lease ends in 4 months.....I am just concerned about being evicted by bank if auction goes through......hopefully they will file bankruptcy so this will not affect me until after I move.....such deadbeats
There aren't a lot of investors willing to buy an owner occupied home in a foreclosure auction. Most of them go unsold. Bank ends up having to go through eviction process themselves. All of that is going to take a lot longer then 4 months.

If the price is low enough and it does sell at auction, it'll still take over 4 months to evict you. At that point though, someone else owns the home, so I would stop paying rent.
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Old 11-18-2017, 01:43 PM
 
Location: Long Island, NY
1,898 posts, read 2,834,779 times
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Quote:
Originally Posted by loveithateit View Post
There aren't a lot of investors willing to buy an owner occupied home in a foreclosure auction. Most of them go unsold. Bank ends up having to go through eviction process themselves. All of that is going to take a lot longer then 4 months.

If the price is low enough and it does sell at auction, it'll still take over 4 months to evict you. At that point though, someone else owns the home, so I would stop paying rent.

Bad advice. The change of ownership does not give the tenant the right to stop paying rent. If she stops paying rent to the new owner, you can be sure that she will be evicted quite quickly. She could also be sued for back rent.
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Old 11-18-2017, 02:20 PM
 
46 posts, read 78,170 times
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Quote:
Originally Posted by bankinggirl View Post
I read that the referree in the foreclosure should be paid....not sure though.....I do not want to be paying them and find out I should have been paying the bank bc they no longer own the house
I would contact the referee or the Court and ask about it.

At any rate, if your apartment is illegal, I do not think the contract is enforceable but I don't think a renter should get to live there for free either.

If it were me, I would feel better dealing with the foreclosure authorities and doing what they say about paying rent.
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Old 11-18-2017, 02:52 PM
 
755 posts, read 1,079,475 times
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Originally Posted by reenzz View Post
Bad advice. The change of ownership does not give the tenant the right to stop paying rent. If she stops paying rent to the new owner, you can be sure that she will be evicted quite quickly. She could also be sued for back rent.
I wasn't clear. I meant to stop paying rent to the ex-owner.

If the new owner is willing to accept rent and reneogitate the lease good for OP then.
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Old 11-18-2017, 03:21 PM
 
Location: Long Island
9,933 posts, read 23,142,320 times
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Quote:
Originally Posted by loveithateit View Post

If the new owner is willing to accept rent and reneogitate the lease good for OP then.
If - as the OP stated - the apartment is illegal, there will and cannot be any renegotiating
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Old 11-22-2017, 03:41 AM
 
11,025 posts, read 7,831,231 times
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Quote:
Originally Posted by bankinggirl View Post
Yes, my lease ends in 4 months.....I am just concerned about being evicted by bank if auction goes through......hopefully they will file bankruptcy so this will not affect me until after I move.....such deadbeats
Take your time, the bank certainly will. It may take years before anyone gets around to evicting the owner and you. Lenders often will pay a tenant to leave when the time finally comes.
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Old 11-22-2017, 03:55 AM
 
Location: On the Chesapeake
45,328 posts, read 60,500,026 times
Reputation: 60912
OP, something not mentioned is don't expect to get your security deposit back, either from the landlord or, and especially so since the apartment is illegal, the final foreclosure owner.

Sorry.
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Old 11-22-2017, 08:15 AM
 
14,394 posts, read 11,232,217 times
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Quote:
Originally Posted by North Beach Person View Post
OP, something not mentioned is don't expect to get your security deposit back, either from the landlord or, and especially so since the apartment is illegal, the final foreclosure owner.

Sorry.
I wouldn’t let that slide. If a deposit was paid, and there is a written lease, and someone buys the property, it comes with all the encumbrances. The deposit should be refunded. If not, sue in small claims court.

Now if it’s a verbal lease all bets are off.
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Old 11-22-2017, 08:18 AM
 
Location: On the Chesapeake
45,328 posts, read 60,500,026 times
Reputation: 60912
Quote:
Originally Posted by markjames68 View Post
I wouldn’t let that slide. If a deposit was paid, and there is a written lease, and someone buys the property, it comes with all the encumbrances. The deposit should be refunded. If not, sue in small claims court.

Now if it’s a verbal lease all bets are off.
The weasel word position is "illegal apartment". It's likely a sure thing the owner doesn't have the money. Can an illegal encumbrance be passed on to the, most likely, bank?
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