Legal Question in Real Estate Law in Texas

Hello..I am currently leasing a home for 1275.00 per month I moved in May 2013 and has paid the landlord a total of 8,000 in the four months of been staying in the home. I came home the other day to find a envelope taped on my door that read confidental in really big letters. Inside the envelope it stated to contact the mortgage company it's very urgent. Every other day fed ex is sending big packets from the mortgage company as well. I met up with the landlord and made the rent payment and asked her what's going on with the house. She stated that the house is 10,000 behind and she is trying to get a modification on the home. She also advised me that the home was behind when I moved in it and she's been trying to get a mod for the longest. I'm so upset and don't know what step I need to take next I have a 8 year old daughter, do I take her to smalls claims court right now or wait until the house is foreclosed completely and do I continue to pay her rent. We did sign a 1 year lease agreement.


Asked on 8/05/13, 11:17 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

What claim would you have for suing her in small claims court? You are paying rent and receiving the place to live. You knew about the potential the house would be foreclosed at the time you moved in. Another person's hopes that they can get that fixed are just hopes. If the house is foreclosed, you cannot force anyone to allow you to live there - the owner can't let you because she doesn't own any more. You might be able to work out with the mortgage company to pay them to rent the place. This does happen with some frequency. You should send them a letter notifying them that you live there and that in the event of a foreclosure, you would like to continue to live there paying them rent.

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Answered on 8/23/13, 8:06 am


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