Foreclosure

questions & answers

Question: I just found out the house I'm renting is in foreclosure. My daughter is attending school in the area too. Do I have any rights or am I just stick waiting to see what happens? Do I pay rent? Thank You!

Answer: Unfortunately you are probably out of luck as to the person (or entity) that purchases the house you are living in at the trustee sale. Unless the lender was given knowledge of and acquiesced to the lease (which is extremely unlikely) they will almost surely be able to evict you. You may, however, have claims against your landlord for breach of contract (i.e. the lease) which would include the damage you suffered as a result of having to find a new place, move, find a new school for your daughter, etc. Whether you could collect those damages is another story. Also,whether or not you should continue paying your rent is a question I can't answer without more information. As a practical suggestion, most likely you will be contacted by a real estate agent representing the entity that purchases, perhaps you can negotiate a short term lease with them to allow your child to finish the school year and give you some time to find a new home. Best of luck