Legal Question in Real Estate Law in Maryland

Landlord Defaults on Mortgage

The mortgage company intents to accelerate the loan threatens reprosession. The landlord first, asks the tennents assistance in paying his mortgage then, after a refusal, says to the renter that rent must be paid and there are "sever" consequences to breaking the 1 mo. old lease. The landlord says not to worry "they always do this" and "I will take care of it". The mortgage is 5 months in the rears. The final date prior to acceleration is 6 days from today.

What recource does to renter have? Can the mortage compy force the renter out? Is there fraud on the part of the landlord?


Asked on 8/31/00, 4:13 pm

1 Answer from Attorneys

Lawrence Holzman Holzman Law Firm, LLC

Re: Landlord Defaults on Mortgage

Generally speaking, a tenant should always make sure to keep records sufficient to prove that he/she has been making all rental payments due under a lease. In cases of foreclosure on residential real property, a foreclosure purchaser may (or may not depending on facts) be able to terminate a lease with a tenant. Such lease termination would have to be preceded by some type of written notice. Thereafter, a tenant could be removed by legal proceedings undertaken in the district court. Normally, this process would take several months. There are many issues to be concerned about, including whether or not a tenant in such situation can get out of the lease. Much would depend on the exact facts of the particular case, the language in the lease, the codes of local jurisdictions, etc. You should contact an attorney quickly to obtain advice as to your particular situation.

I would be happy to chat with you quickly about this matter on the telephone without cost. Let me know if I may be of assistance. Otherwise, you may find that your local county bar association has an attorney referral service that permits you to obtain a short consultation with an attorney for a small minimum charge. I can be reached at:

Lawrence R. Holzman

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or priviledged and does not create an attorney/client relationship.

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Answered on 10/04/00, 1:50 pm


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