Legal Question in Real Estate Law in Florida
I live in a apartment complex that is under forclosure. The complex claims they are not in forclosure but I have a copy of the lis pendens filed by the bank. I would like to know since I'm under an active lease is there something I can file with the courts so that I can stop my rent payment. I want to move out before we are forced out but I need my rent payments to do so. Please help!
1 Answer from Attorneys
First, a lis pendens is not necessarily saying they are in foreclosure. It is something that needs to be filed to begin a foreclosure proceeding or one of a number of proceedings.
However, it is very likely there is a foreclosure filed (I just don't presume it). You can go on line to the county court system and probably check what is filed under the case # in the lis pendens.
If they are in foreclosure there is nothing you can file to stop rent payments. Also, there is also a chance that all tenants will be served papers so that their tenant interest can also be foreclosed out. It is possible that the court could direct you to send future payments to another place, but you will have to wait until notification.
If you move out before the end of the lease or stop paying rent, legal action could be taken against you. You are kinda stuck in the system.
I would recommend you continue paying as you usually do, and if the lease comes to an end, then you can move. It is distinctly possible that the bank will not force you out when they take control. They may not want to be a landlord, but they would like revenues coming in to cover the cost of the building. It also makes it more sell-able.
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