Legal Question in Real Estate Law in California

owner of property declares bankrupcy, have been living on property for over a year with a verbal agrement from loaner of the owner. no lease or rental agreement. paying month to month. HOA highers lawyers to put their lean into forclosure to the owner. I have been paying myshare of HOA fees for over 3 years. My question is if the property is in forclosure, do I still pay rent to manager of bankrupted owner?


Asked on 9/28/11, 8:52 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Why have you paid any share of HOA fees for three years if you have been living there but a year and have no written agreements? Your whole question doesn't make a lot of sense, but if you are a tenant, even one with just an oral agreement, you should continue to pay rent to the person you believe entitled to receive it.

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Answered on 9/28/11, 9:09 pm
Anthony Roach Law Office of Anthony A. Roach

I didn't understand your question at all. Payment of rent to the owner creates a tenancy, not a written lease. So you must be the tenant.

You pay rent to the owner until the property is foreclosed. Once it is foreclosed, you pay to the new owner that purchases at the foreclosure sale.

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Answered on 9/30/11, 12:22 pm


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