Legal Question in Real Estate Law in New York

Re: My appartment is being foreclosed

There may be a clause in the lease subordinating your rights to that of the mortgagee/bank. If so, they can have you evicted. If not, they have to honor your lease until the summer.Read your lease carefully.

Re: My appartment is being foreclosed

Ms. Palazzo is absolutely wrong in her advice. Under RPAPL 713(5), an individual or entity may evict you when "[t]he property has been sold in foreclosure and either the deed delivered pursuant to such sale, or a copy of such deed, certified as provided in civil practice law and rules, has been exhibited to [the tenant]."

Until you receive notice that your landlord does not have title (ownership) of the property, you must continue to honor the lease and pay your landlord.

Mike.

Re: My appartment is being foreclosed

Ms. Palazzo is absolutely wrong in her advice. Under RPAPL 713(5), an individual or entity may evict you when "[t]he property has been sold in foreclosure and either the deed delivered pursuant to such sale, or a copy of such deed, certified as provided in civil practice law and rules, has been exhibited to [the tenant]."

Until you receive notice that your landlord does not have title (ownership) of the property, you must continue to honor the lease and pay your landlord.

Mike.