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Castle Law Office Blog | Missouri & Illinois Bankruptcy Legal Blog

Blog Category:

Bankruptcy Attorney in St Louis

11/17/2008
James R. Brown
Comments (2)

What Happens If My Landlord Is Foreclosed On?

Each day we hear more and more stories in the news about the struggling economy, housing prices, and mortgage problems. Foreclosure rates are increasing, especially among military-dense areas. In a recent article I found on Military.com, the question arose as to what happens if your landlord ceases payment on the mortgage on your house, causing it to enter foreclosure?

The bad news is that you will most likely need to move. Upon foreclosure, either the lender, a new homeowner, or an investor will purchase the home. When the property changes ownership, the purchaser almost always chooses termination of tenantship, except in the few states where it is not allowed. Depending upon your situation and the state the property is in, you may know months before, or possibly be legally evicted within days of the foreclosure sale.

There are several sources that can help you with foreclosure, but it may be advisable that you contact an experienced attorney to help you understand what is happening and what you can do.

St. Louis bankruptcy attorney James Brown with Castle Law Group has been helping victims of foreclosure to save their homes for over 15 years through a Chapter 7 bankruptcy or Chapter 13 bankruptcy case.  To find out if this is an option for you, request our free book "7 Critical Mistakes To Avoid The Dismissal Of Your Bankruptcy Case" or call for a free consultation at 1-866-570-8484.  Castle Law Office helps families in St. Louis, Missouri and Illinois.



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2 Comments to "What Happens If My Landlord Is Foreclosed On?"

I think it depends on whether he elected to keep the rental property or surrendered it. If he surrendered it in his Chapter 7, then I don't think he has a right to collect rent. Since he is not paying the mortgage, I think it could possibly be fraud to try and collect the rent. Of course, if the back rent was the reason he had to file a Chapter 7, then he might have an argument otherwise. If he elected to keep the property in the Chapter 7, then I do believe he has a valid claim for back rent once the Chapter 7 Trustee abandoned his interest in the claim. there are many variables that could change this answer, so I would consult with an experienced bankruptcy attorney in your area for more specific advice,
Posted by James R. Brown on April 20, 2009 at 03:39 PM
The house is foreclosing and the landlord filed chapter 7 and already discharged, can he collect back rents from tenant?
Posted by Rabi Empinado on April 17, 2009 at 10:45 AM

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