Legal Question in Landlord & Tenant Law in Georgia

Tenant rental home going into foreclosure

I moved into a rental home and after two weeks I received a notice from an attorney that the home is going into foreclosure. Would the property manager have known that the house was behind in the mortgage note before she assumed the responsibilty to managed the propety for the owner?


Asked on 9/22/03, 2:26 pm

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Tenant rental home going into foreclosure

What the property manager might have known is a factual, not a legal, question, so cannot be answered. Just because the property is being foreclosed upon does not necessarily mean the lease will become invalid. The buyer at the foreclosure sale may have to take it subject to your lease if it doesn't reserve rights to evict you in this situation. However, it does create a question as to who you must pay your rent. Check with the foreclosure attorney who sent you the letter and ask what their position is on rent and your tenant status. I would bet he/she says you keep paying your present landlord until the foreclosure is final, and then start paying either the lender or the new owner after the foreclosure sale. Do not panic here. You didn't say they were purporting to evict you. You just need to know who to send your rent check to. If you send me more details at [email protected], I may be able to advise you more firmly.

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Answered on 9/24/03, 4:17 am


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