Do I Still Pay Rent if a Property Is Being Foreclosed On?

Until recently, you could be forced out of your rental home by the foreclosing lender even if you were current on your rent and still had more time on your lease. The Protecting Tenants at Foreclosure Act of 2009 changed that. In most cases this law gives you the right to stay in the home until your existing lease expires, regardless of the foreclosure. However, you need to continue to pay the rent as called for in your lease to have this legal protection.

The main problem when renting a foreclosed property is who to pay. In most cases, the landlord is entitled to the rent until he has been formally declared as defaulting on his payments by his mortgage lender. Even then, unless you receive an official notice from the lender saying that the lender is legally entitled to receive the rent, you need to pay the landlord. In almost all cases, the lender is legally entitled to the rent after your landlord goes into default, even before an official foreclosure.

It is very important to document everything regarding your communications with your current landlord or the lender. Make sure any instructions you get from the lender and landlord are in writing. If you receive an official notice from the lender demanding your rent, verify its authenticity with the lender. Also get a notice in writing telling you where you should send your rent check. All of your rent payments should be made by check and mailed with proof of delivery.

Continuing to pay your full rent in a timely manner will usually safeguard your right to stay in your home. However, there are some cases where even paying the rent will not help you. If the lender sells your home in a foreclosure sale to a new owner who wants to move in, that new owner can force you out with 90 days notice, regardless of how many months are left on your lease.