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Old 04-17-2015, 01:11 PM
 
38 posts, read 56,844 times
Reputation: 23

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I just got home, and there's a sheriff sale on my front door. I am a tenant and have been renting for two months. The problem is, I paid six months upfront. I'm sure the landlord knew he was in foreclosure, is this fraud? I know that I have a years lease, but I don't want to pay him anymore. We might have to leave in 90 days if the new owner wants to move in.
I know I need to get some legal advice, but I don't really have money for an attorney. And I tried to call New Jersey legal aid but no one's calling me back.
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Old 04-17-2015, 01:18 PM
 
357 posts, read 1,027,030 times
Reputation: 219
Your answers are in your lease which supersedes foreclosure.
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Old 04-17-2015, 02:17 PM
 
256 posts, read 399,042 times
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So does that mean he can live there even if the new owners move in?
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Old 04-17-2015, 03:32 PM
 
38 posts, read 56,844 times
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Thats what I'm trying to find out, if we can still live here if the new owner wants to move in.
Also, I don't want to pay any more rent to this deadbeat landlord! I want to tell him to use the money I paid up front as rent for the next few months/ but I don't want to be evicted for not paying the lease. In my lease it says how much I paid upfront, but also I'm paying an additional amount monthly, which includes security. He really screwed us, and knew it and planned it that way!
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Old 04-17-2015, 04:47 PM
 
Location: Long Island, NY
1,898 posts, read 2,840,970 times
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Foreclosures in NJ can take years. Pay your rent/deposit as agreed or face eviction.

90 days?? Where did you get that number?

Fraud??? No. The landlord is not required to inform you of his financial status with his lender.
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Old 04-17-2015, 07:57 PM
 
38 posts, read 56,844 times
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Reenzz, I can't see paying the rent when I paid 6 months up front, and if the new buyer wants us out, we are out of a lot of $$!
90 days is the number the sherriff sale office told me when I called yesterday. They said you have 90 days to vacate if the new owner wants to move in. The sale is in May.
How can it be that the landlord does not have to disclose when his property is in foreclosure , before you rent from him? It sounds like you are a landlord, and not giving very good advice.
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Old 04-17-2015, 08:07 PM
 
38 posts, read 56,844 times
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Fraud is a broad term that refers to a variety of offenses involving dishonesty or "fraudulent acts". In essence, fraud is the intentional deception of a person or entity by another made for monetary or personal gain. Fraud offenses always include some sort of false statement, misrepresentation, or deceitful conduct.

Yeah, I think it's fraud-he deceived me to lease his apartment knowing it was in foreclosure for over a year, and for his personal gain. Doesn't it invalidate the lease if he's in foreclosure because essentially the bank owns the house?
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Old 04-17-2015, 09:39 PM
 
Location: Arizona
6,131 posts, read 7,991,845 times
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Don't take legal advice from random people on Internet forums. You need to find a way to get the advice of an actual attorney.

If you haven't read this already, it gives you the basics.

http://www.nolo.com/legal-encycloped...eir-30064.html
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Old 04-17-2015, 09:42 PM
 
Location: Arizona
6,131 posts, read 7,991,845 times
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Quote:
Originally Posted by reenzz View Post
Foreclosures in NJ can take years. Pay your rent/deposit as agreed or face eviction.

90 days?? Where did you get that number?

Fraud??? No. The landlord is not required to inform you of his financial status with his lender.
OP got the 90 day number from federal law.

Renters in Foreclosure: What Are Their Rights? | Nolo.com
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Old 04-17-2015, 11:21 PM
 
Location: Long Island, NY
1,898 posts, read 2,840,970 times
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Quote:
Originally Posted by johnp292 View Post
OP got the 90 day number from federal law.

Renters in Foreclosure: What Are Their Rights? | Nolo.com

That law expired in Dec. 2014.
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