Legal Question in Real Estate Law in Oklahoma

Landlord In Foreclosure

We have an excellent rental history with our landlord. We have been going month-to-month mutually since August, mainly because we knew the landlord was having some financial problems and the rental arrangement was beneficial for all parties. As I am a Mortgage Banker, I found out through a collegue that the home we are renting just had foreclosure proceedings filed against it. What responsibilities does a Landlord have to a Tenant when the rents being collected haven't been utilized to pay the mortgage. And the only way we had in knowledge of the problem was a fluke, meaning we don't have housing alternatives in place and when confronted...the landlord was evasive and wanted us to continue paying rent.


Asked on 10/01/02, 12:07 am

1 Answer from Attorneys

Hunt John Urgentlegalcare.com

Re: Landlord In Foreclosure

Thanks for your question. As you indicate, you have a month-to-month tenancy which either of you can terminate on 30 day notice. I do not believe that your landlord owes you a duty to protect your right to stay there on a month-to-month basis by ensuring that he pays his mortgage obligation. It is his money to do as he pleases. If the property is in foreclosure you should continue paying your rent to the landlord unless and until you are directed otherwise by a court appointed receiver or until new owners take over. The Landlord still has all rights to the property and its fruits until his interest is finally foreclosed or conveyed, absent an order from the court directing otherwise. If the matter proceeds in the court there will be ample time for you to arrange other accomodations. Unless the landlord consents to judgment or otherwise makes a deal with the mortgage company to deed in lieu of foreclosure, it may take months before you will have to deal with a new owner.

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Answered on 10/01/02, 1:47 pm


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