Legal Question in Wills and Trusts in California
Executor of the Will collecting rent on foreclosing home
I was paying to the owner of the home for about 8 months, then the lady that did the 1st walk through with us told us that she will now be handling his money for the rent. So we started paying her rent. Three months later we are receiving notices for the bank about foreclose on the property. We told the lady we need to start paying the person that owns the property. She gives a 3 day pay or quit because we wont be giving her any more money until she can show us proof that she has some kind of ownership. She states now 4 months later that she will be receiving court order to be the executor of the mans estate. We never even knew he has died when we started paying directly to her. We told her that we are going to be moving out.Should we be giving this lady money or what?
3 Answers from Attorneys
Re: Executor of the Will collecting rent on foreclosing home
Rent is owed to the owner of the property; until the bank forecloses by having a sale of the property [at which the bank is normally the only bidder], the former owner still is the owner of the property and is owed rent until that ownershilp is lost. But the woman should have told you that she was the executor of his Will; until she is actaully appointed by the Court, she is not entitled to collect any rent. You should put the money into an escrow account so that it is paid to whomever the court directs it be paid to or all potential payees agree how it should be paid.
Re: Executor of the Will collecting rent on foreclosing home
Rent is owed to the owner of the property; until the bank forecloses by having a sale of the property [at which the bank is normally the only bidder], the former owner still is the owner of the property and is owed rent until that ownershilp is lost. But the woman should have told you that she was the executor of his Will; until she is actaully appointed by the Court, she is not entitled to collect any rent. You should put the money into an escrow account so that it is paid to whomever the court directs it be paid to or all potential payees agree how it should be paid.
Re: Executor of the Will collecting rent on foreclosing home
Rent is owed to the owner of the property; until the bank forecloses by having a sale of the property [at which the bank is normally the only bidder], the former owner still is the owner of the property and is owed rent until that ownershilp is lost. But the woman should have told you that she was the executor of his Will; until she is actaully appointed by the Court, she is not entitled to collect any rent. You should put the money into an escrow account so that it is paid to whomever the court directs it be paid to or all potential payees agree how it should be paid.
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