Legal Question in Real Estate Law in New Jersey

Tenants & Foreclosure

I rent and I just recieved in the mail a copy of final judgement to foreclose on the house and the house is to be put up for sheriff sale.Should I still pay rent to landlord or should I put in escrow until I find out who I should pay rent to? My landlord says the document is not true but I want to cover myself and not end up oweing the bank money that my landlord walked off with.

Thank You


Asked on 11/07/02, 5:39 pm

2 Answers from Attorneys

Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: Tenants & Foreclosure

Technically your landlord (if he is the owner) owns the building until the day of the sherrifs sale and you should pay rent to that landlord through that date. If the house is sold then the new owner (likely the bank in your case) is the new landlord and should notice you to pay rent to them. There are ways for the landlord to stop a forclosure so until the sale is complete he may legally collect rent from you. If you pay him just keep a record.

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Answered on 11/07/02, 11:51 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Tenants & Foreclosure

Until the foreclosure sale is finalized, your obligation is to your current landlord. The landlord is still the record owner of the property and entitled to continue to receive rent. Be sure to pay by check, not cash, so you have a record of the payment. Since the owner has the opportunity to redeem the property after the sale, this could occur and allow the landlord to become the true owner again. If you have any doubt, contact the court issuing the foreclosure and ask to whom the rent should be paid.

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Answered on 11/08/02, 11:19 am


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