Do I pay landlord or not

[ibnatasha2u]

What is the name of your state (only U.S. law)? Washington
The house I am renting is in foreclosure. It is scheduled to be auctioned in October. Do I pay my landlord or do I put the rent into an account until after auction? I have been paying my landlord , but someone told me that he not supposed to get the rent anymore that it isnt his house anymore. I dont want to pay him and then get told I wasnt supposed to and get stuck paying it again...

thank you.

 

[STEPHAN]

You have to pay the current owner. Your city will have records (for example the propetry appraisers office), so they will help you to find the owner.

If there was no forclosure, there is no new owner. Also, that a forclosure is scheduled, does not mean that it will for sure happen.

The new owner will for sure be in contact with you.

Sometimes bank have clauses that they can go to the tenant and request direct payment to them, but if they have not done so, you owe your LL.


Do you have a long term contract?

 

[ibnatasha2u]

It's a month to month. I have been checking the county site. Also have received notices telling us the foreclosure and the landlord is in default on his mortage payment for over 130,000.00. Got a notice of the auction date.

 

[ibnatasha2u]

Also we have lived here for almost 7 years

 

[STEPHAN]

If you are on a month to month you must be aware that you might have to look for something new soon.

 

[DeenaCA]

Yes, you continue to pay rent to the current landlord until/unless the foreclosure is complete. If the title changes hands due to foreclosure, you would be required to pay rent to the new owner (often the bank).

However, the federal Protecting Tenants at Foreclosure Act offers you some protection if the foreclosure is actually completed and the new owner/bank wants you to move out. You'd be entitled to a minimum of 90 days advance notice to move (that's 90 days from the date you are notified, not 90 days from the foreclosure date). This does apply to month-to-month tenants. You can review the PTFA at https://nhlp.org/files/PTFA-as-amended.pdf.

 

[Zigner]

Yes, you continue to pay rent to the current landlord until/unless the foreclosure is complete. If the title changes hands due to foreclosure, you would be required to pay rent to the new owner (often the bank).

However, the federal Protecting Tenants at Foreclosure Act offers you some protection if the foreclosure is actually completed and the new owner/bank wants you to move out. You'd be entitled to a minimum of 90 days advance notice to move (that's 90 days from the date you are notified, not 90 days from the foreclosure date). This does apply to month-to-month tenants. You can review the PTFA at https://nhlp.org/files/PTFA-as-amended.pdf.

HOWEVER, one caveat is that one is (and remains) current on their rent payments.

 

[ibnatasha2u]

HOWEVER, one caveat is that one is (and remains) current on their rent payments.

I am current. And thank you all for you help.

 

[STEPHAN]

And YOU might have to prove it.

 

[DeenaCA]

And YOU might have to prove it.

Just to clarify, there is no requirement for a tenant in a foreclosed property to prove they are current in rent payments. In Fed. Nat'l Mort. Assoc. v. Dobson, No. 10-CVG-02140 (Ohio Mun. Ct. Mar. 1, 2010), it was established that an existing tenant is considered to be a bona fide tenant and protected under the PTFA unless there is evidence to prove otherwise. In the case of Bank of America v. Owens, 2010 NY Slip Op 20164 (Rochester City Ct. May 5, 2010) it was held that successors in interest seeking to avoid the 90-day notice obligation cannot require tenants to prove their status as bona fide tenants within five days. If the tenant does not prove the evidence, the successor in interest holds the onus of proof that the tenant is not a bona fide tenant.

These are just examples. I don't know of any similar cases for the OP's state, but I have yet to hear of a successful challenge to PTFA protections based on lack of rent receipts. This was a dodge that some of the foreclosing lenders (Fannie Mae & Bank of America in the cases cited) tried to use to evade the 90-day notice requirement.

As noted, a tenant in a foreclosed property CAN be evicted under state law for nonpayment of rent to the new owner following foreclosure (or for nonpayment to the losing owner before foreclosure). But another tactic some of the banks have tried is to stonewall attempts to pay and then attempt to evict.

 

[ibnatasha2u]

House was auctioned two days ago

Just to clarify, there is no requirement for a tenant in a foreclosed property to prove they are current in rent payments. In Fed. Nat'l Mort. Assoc. v. Dobson, No. 10-CVG-02140 (Ohio Mun. Ct. Mar. 1, 2010), it was established that an existing tenant is considered to be a bona fide tenant and protected under the PTFA unless there is evidence to prove otherwise. In the case of Bank of America v. Owens, 2010 NY Slip Op 20164 (Rochester City Ct. May 5, 2010) it was held that successors in interest seeking to avoid the 90-day notice obligation cannot require tenants to prove their status as bona fide tenants within five days. If the tenant does not prove the evidence, the successor in interest holds the onus of proof that the tenant is not a bona fide tenant.

These are just examples. I don't know of any similar cases for the OP's state, but I have yet to hear of a successful challenge to PTFA protections based on lack of rent receipts. This was a dodge that some of the foreclosing lenders (Fannie Mae & Bank of America in the cases cited) tried to use to evade the 90-day notice requirement.

As noted, a tenant in a foreclosed property CAN be evicted under state law for nonpayment of rent to the new owner following foreclosure (or for nonpayment to the losing owner before foreclosure). But another tactic some of the banks have tried is to stonewall attempts to pay and then attempt to evict.

At least from the paers I have gotten in the mail addressed to tenant, the house was auctioned two days ago.Now what happens?

 

[FarmerJ]

Provided someone bid and won then you would be contacted by the new owner and once thats done then Its time to decide if you want to sue the former landlord for refund of your deposit since a new owner via foreclosure is not going to have it. In court the original landlord has zero excuse to keep any of it since they let the property go but sadly even if you win you might not ever get the money out of them.

 

[LdiJ]

At least from the paers I have gotten in the mail addressed to tenant, the house was auctioned two days ago.Now what happens?

You definitely will not be paying any rent to the previous landlord at this point. Escrow it until you get notification as to whom to pay.

 

[ibnatasha2u]

You definitely will not be paying any rent to the previous landlord at this point. Escrow it until you get notification as to whom to pay.

Ok thanks.