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Bank purchased the foreclosed property I'm renting. Can the landlord evict for non-payment since they no longer own the property
Anonymous7 views4 answers
I was told by the bank that payments go to them, NOT THE LANDLORD. The bank has been slow on the paper work, it has been four months and still no new contract. ( we have the rent set aside, landlord is trying to make us pay them) The bank says not to deal with the landlord, meanwhile I have a notice to terminate on my door. Can the landlord legally threaten to evict, or is this harassment?
If the landlord got foreclosed on and the bank has taken title to the property then the landlord/former owner does not have the right to rent the property and receive rent. You can sit and wait this out. I doubt the landlord will evict you. If they try you have great defenses. That said, your obligation to pay rent continues. Any lease would probably be subordinated to the mortgage. You can and probably should pay your rent into the court registry. I offer a free consultations if you want to speak to an attorney in more detail.
Former owner may not evict you. Property and lease may now belong to new owner. After foreclosure renters have no less than 90 days or until the end of their lease. This applies where the tenant was not the former mortgagor or a relative of the mortgagor. You mention a new contract from the bank. This should be reviewed very carefully as it may attempt to convert your lease term only until property is sold. This may be less than your current lease term. The landlord or former landlord can't evict where he no longer has an ownership interest in the property. His threat to do so may be actionable. You should consult with a lawyer.
The answer to this question is dependent upon whether you are correct that the bank, in fact "purchased the foreclosed property." I frequently encounter parties who are mistaken as to the status of a foreclosure case. How have you verified the status? You should be able to go online to the Duval County Clerk of Courts website to confirm the status.
If a foreclosure sale has been conducted and the bank was the purchaser then the bank is now your landlord and the former owner has no rights as to the rent. If no foreclosure sale has occurred, however, and there is no court order requiring you to pay the bank, then your obligation would remain to the original owner who despite the pending case would still be entitled to the rent.
I agree with my colleagues and add that you can look up who actually owns the property on the website of the property appraiser in your county, or call the clerk's office to see if the bank was issued title.
