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Do you still pay rent to a landlord who's property is in foreclosure and they have filed for bankruptcy?
- Unless the tenant has some kind of evidence that a foreclosure sale has taken place, they should pay the rent to the landlord. Unfortunately, this can be difficult for a tenant to figure out; at what point the bank actually 'owns' the property is a difficult legal question, differing by state. In most states, a tenant can ask the Registry of Deeds who owns the property.
- General most lenders when they realize the property is being purchased to be used as a rental property will include a clause in the mortgage agreement that will allow the lender to collect the rent when the owner/landlord defaults on the mortgage. If the landlord files for bankruptcy, the property will generally be taken over by the bankruptcy trustee. You will have to pay the rent to the bankruptcy trustee. If the landlord has filed a Chapter 13 bankruptcy, you may have to pay the rent directly to the lender or the landlord depending on the terms of the court approved payment plan. If the house is sold in foreclosure, the new owner cannot evict you. You must first be served a three day notice and the new owner must file a lawsuit to evict you after the three days have expired. For an official opinion, it is advised you seek legal counsel.
What else can I help you with?
Are you required to move if your landlord files bankruptcy?
The basic rule is as follows: if your landlord files bankruptcy that is a matter between your landlord and his creditors, not you, the tenant. You are still required to pay rent or be evicted, as long as your landlord has control over the property. This applies to whether the landlord has filed for bankruptcy or if the property is under foreclosure. In either case, if you end up staying on the property, the new landlord will provide further instructions on whether to stay or to move.
How do you sue your old landlord who forclosed on the property you were renting so that you can get your deposit back after he has filed for bankruptcy?
Get a lawyer
Can my ex-landlord collect unpaid rent during my bankruptcy I no longer live there discharge was July rent due was for June?
Not if you listed your landlord as a creditor on your bankruptcy petition and that there is excess property to pay your landlord after secured creditors and your exemptions. Unpaid rent is an unsecured debt. If a judgment lien is filed, you can avoid it if filed shortly before bankruptcy filing.
What does happen if a landlord keep on taking rent even if the landlord had filed for bankruptcy himself?
The landlord's bankruptcy has nothing to do with the tenant. The tenant still owes the rent.
If you filed Chapter 7 bankruptcy 5 years ago can you file again on your home and when?
There is a six year limitation for BK filing. Bankruptcy will delay but not stop foreclosure on secured property, unless the debt is reaffirmed with the lender.
Can a creditor contact your landlord after you filed bankruptcy?
Yeah. It's called you being a dumbarsh.
Can past due rent be filed under bankruptcy?
Yes, but the landlord can evict you for nonpayment.
When we file the Motion to reinstate does this stop foreclosure process?
Once this motion is recorded it should stop the foreclosure process. Actually, once the bankruptcy is filed, the foreclosure process should already be stopped.
If you filed chapter 7 in 2005 and your house was foreclosed on in 2007 do you have to pay taxes on it?
If the foreclosure was not part of the bankruptcy, yes.
How can a civil judgment be placed after bankruptcy Mortgage included in bankruptcy and after discharge bank filed civil judgment for amount of mortgage Can they do thid?
Assuming a Chapter 7 was filed, if you did not surrender the property to the bank, the bank would file for relief from stay and be able to pursue foreclosure. If you surrendered the property, the mortgage balance was discharged and the bank was in violation of the automatic stay. A notice of the bankruptcy should have been filed with the court the bank sued you in. You cannot ignore legal procedures taken against you after a discharge. You have to respond appropriately.
Can you save your house from foreclosure?
Yes you can save your home from foreclosure. This is a primary reason people file for a Chapter 13 Bankruptcy, the automatic stay can stop a foreclosure as long as it's filed before the sale takes place.
Can a landlord offer a valid lease to a tenant after a fore closer has been filed against the landloard?
When a rental property is under foreclosure, the landlord still has the right to collect rent, including the right to file evictions, until the mortgage lender takes possession of the property. When this happens the tenant will be given notice of proper instructions on how and where to pay rent, or to vacate the premises if applicable.
