Legal Question in Landlord & Tenant Law in Wisconsin
The house I am renting (no signed lease) is now in the foreclosure process as the owner has not made a mortgage payment in at least 6 mths. He keeps demanding his $670 a month rent which I have still been paying. My money I pay him is going to who knows what??? What can I do to protect myself? Should I continue to pay him? i did contact the attorney who is handling the foreclosure and was told there is about 4 mths left before it is final.
Thank You
Kristin B
1 Answer from Attorneys
The foreclosure process can sometimes go on for many years, and title remains with the original owner (assuming that is your landlord) until the very end of it, when a sheriff's deed is recorded. Until that day, the landlord has full ownership and ability to both collect rent and to evict you if you do not pay, unless the bank has pursued an assignment of rents, which sometimes occurs in commercial mortgages. If the bank has asserted its assignment, then the right to collect shifts to the bank, even before the sheriff's deed. If you want to know about any particular property, you can purchase a letter report of title from any local title company for roughly $80..00, which will tell you exactly who holds title on the day the search was run, and what competing claims to title or rent collection might exist. Without running a title report, there is never any accurate way to fully know exactly who owns a property, nor the liens against it. Until then, for all you know, your landlord may not even own the property, which is a more common problem than anyone imagines, even at the beginning of a lease. Paper documents of title no longer matter today, since the only thing that counts in determining real estate ownership in WI are the electronic documents on file at the register of deeds office. Speak with a local lawyer today if you want advice on your exact situation.
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