Legal Question in Real Estate Law in New Jersey
Foreclosure
The property I'm renting is in foreclosure and has been for a year now. When i found out in Aug '02 i enquired with the landlord. He didn't want to discuss it. He never contacted me again. Now a woman claiming to be his wife comes along wanting to collect back and present rent. Is this legal?
2 Answers from Attorneys
Re: Foreclosure
If you got written notice of the foreclosure, your rent should probably be paid to the bank. If you did not get written notice it would be due to the landlord. If you are in doubt, go to an attorney and put the rent into escrow until the issue is decided.
Re: Foreclosure
You have responsibility for back rent, but the question is to whom it is due. This depends upon the result of the foreclosure. It is probably your landlord. Foreclosure just means that some creditor (could be a mortgage company, the municipality for taxes and/or the purchaser of a tax lien). Depending what security the creditor has (most mortgage holders take assignments of rents) the rent could be due to the creditor. I suggest you inquire with the Court what the status is of the foreclosure and who is the attorney for the creditor bringing the suit. Then contact the attorney to see who the rent should be paid to.