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Where or who is responsible for my security deposit after foreclosure?

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JBH9457

Junior Member
What is the name of your state (only U.S. law)? NJ

Just like the title states, I entered into a lease agreement with an unscrupulous landlord who unknown by me was in the process of foreclosure.

Landlord turned the property over to the bank via Deed in Lieu.

Upon termination of my lease the bank's attorney refuses to turn over the security deposit claiming that they never received it from the deadbeat former owner.

I sent the bank a copy of the lease PRIOR to the Deed in Lieu so they were quite aware of my lease along with the security deposit.

Basically stating that I am sh*t out of luck and it's my responsibility to go after the former landlord who is MIA. Is that really the case?

We're not talking a large sum (3,000), but...

Thank you
 


FarmerJ

Senior Member
Use the links above to talk with a attorney because if this was not a foreclosure where the lender had to take it to court a Attorney may have the best answer on this one since someone may well have to look at the details of the property transfer . ( wondering if a atty can review it and tell you if the transfer of the house was more like that of a regular sale , because if thats the case Id say to name the new owner and old owner and in court use the records to show that there was no court ordered foreclosure that happened where owner ship was taken away so you do not think its fair for new owner to deny any obligation for your deposit )
 

JBH9457

Junior Member
Use the links above to talk with a attorney because if this was not a foreclosure where the lender had to take it to court a Attorney may have the best answer on this one since someone may well have to look at the details of the property transfer . ( wondering if a atty can review it and tell you if the transfer of the house was more like that of a regular sale , because if thats the case Id say to name the new owner and old owner and in court use the records to show that there was no court ordered foreclosure that happened where owner ship was taken away so you do not think its fair for new owner to deny any obligation for your deposit )

It was not court ordered. The LL made a deal with the bank for a deed in lieu on this property to save another.
 

FarmerJ

Senior Member
Your still free to name both of them in the small claims court action and use copies of the so called sale /transfer in court and ask the court to look at them and decide if this was a like a regular sale and if they think it was then ask the court to decide whom is obligated to pay you. ( your still free to use the links above and talk with a attorney)
 

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