Check this out ...

[down_n_out]

This happened to my friend twice during the mortgage boom/bust in the last few years in Texas. Your in Florida I can tell you that it takes a minimum of 5 years for foreclosure to occur in your state and I worked in mortgage foreclosures. Florida is one of the longest it takes to complete a foreclosure. And it can be delayed over and over with multiple applications for home modifications as well this can go on for long time in Florida.

Most propety mangement companies usually do nothing even if they know, as long as they are getting their cut. Ask me how I know?

[ezdriver]

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@rwt wrote:

Tis happened to one of my friends in Michigan and he stopped paying rent to the landlord. I want to say he lived in the house for 8 months after the fact.

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I'm not looking to avoid paying rent but I will not pay if my attorney advises me to not pay.

Also, I am really mad at the landlord because they were very difficult to deal with last year when I renewed my lease ... WHILE THEY WERE NOT PAYING THE MORTGAGE ON THE HOUSE THEY WERE RENTING TO ME!

[down_n_out]

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@ezdriver wrote:

The loan officer for my purchase is telling me to not pay any more rent until I receive written notice from the owner, the property manager or Citibank. What do you suppose that Citibank will say if I contact them? The fact that the papers were being serived to the home owners at my address tells me that Citibank likely did not know that the house was non-owner-occupied.

Can the property management company force me to pay rent on a house that is in foreclosure?

I signed for the two copies [one for me and another for my wife] as TENANT so Citibank will now know that the owner does not live at my address. What do you suppose they will do?

 Citi will do nothing and proceed as normal, this is very common. However the property management can file eviction against you if they want to be jerks, keep in mind they still want to be paid and they have you under contract. Nothing in that contract requires the owner to pay his mortgage and unless ofcourse you get evicted before you were ready to move because of foreclosure then you could take the owner to court but not Citi.

[guiness56]

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@ezdriver wrote:

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@Shogun wrote:

There was some posts inbetween me and guiness.  I would still pay the rent.

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Would you do it because of wanting to remain in compliance with the lease or because you feel that it is the right thing to do? I'm more interested in legal rights and obligations of a tenant in this situation. I have had three friends of mine that did not know the house they were renting was being foreclosed until they received an eviction notice from the lender. The process server told me today that the courts have started to notify tenants as too many tenants were caught off guard with eviction notices.

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It is because you legally have to pay rent.  It is an agreement between you and the landlord/property management. 

You might want to read this http://www.miamidade.gov/business/library/flyers/foreclosured-property-renters.pdf

[down_n_out]

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@guiness56 wrote:

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@ezdriver wrote:

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@Shogun wrote:

There was some posts inbetween me and guiness.  I would still pay the rent.

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Would you do it because of wanting to remain in compliance with the lease or because you feel that it is the right thing to do? I'm more interested in legal rights and obligations of a tenant in this situation. I have had three friends of mine that did not know the house they were renting was being foreclosed until they received an eviction notice from the lender. The process server told me today that the courts have started to notify tenants as too many tenants were caught off guard with eviction notices.

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It is because you legally have to pay rent.  It is an agreement between you and the landlord/property management. 

You might want to read this http://www.miamidade.gov/business/library/flyers/foreclosured-property-renters.pdf

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Also check out of there is a cash for keys program for Florida, I used to refer people owners and tenants to that all the time. 

[ezdriver]

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@guiness56 wrote:

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@ezdriver wrote:

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@Shogun wrote:

There was some posts inbetween me and guiness.  I would still pay the rent.

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Would you do it because of wanting to remain in compliance with the lease or because you feel that it is the right thing to do? I'm more interested in legal rights and obligations of a tenant in this situation. I have had three friends of mine that did not know the house they were renting was being foreclosed until they received an eviction notice from the lender. The process server told me today that the courts have started to notify tenants as too many tenants were caught off guard with eviction notices.

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It is because you legally have to pay rent.  It is an agreement between you and the landlord/property management. 

You might want to read this http://www.miamidade.gov/business/library/flyers/foreclosured-property-renters.pdf

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Thank you. That reference was very helpful. I did not know that I should answer to the foreclosue notice. I will ask my attorney about that. I have no problem saving up the money and paying the new owner or the lender ... I just would rather not pay the current owner or the property management company. I might just force them to evict me just for giggles. It might be interesting to attend a hearing before a judge just so I could ask the judge if I had any rights to have been notified by the owner that the mortgage is not being paid. I believe that there is an assumption that the owner of the property being rented is not doing anything that risks the tenant's use and enjoyment of the property or the property owner's ability to ensure the tenant can use the property for the life of the lease.

[rwt]

my apologies, I did not mean to make it sound like you didnt want to pay.

[ezdriver]

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@rwt wrote:

my apologies, I did not mean to make it sound like you didnt want to pay.

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No worries. I did not take it that way. I was just stating my position for the record.