Recently I became another statistic in the growing number of rent-paying tenants who are losing their homes due to their landlord’s pending foreclosure. I figured it best that I share the information I have found on the topic so that maybe at least one other person can be prepared for this financial nightmare. Even if you think you’re safe, I strongly recommend that you double-check anyway.

Begin by researching your landlord. Your landlord should be the legal owner of the house you are paying for, and this ownership is a matter of public record. If the bank has taken repossession of  the property, then this will be on file. Sites like http://www.rentalforeclosure.com/ can help you search for any recent proof of foreclosure proceedings using your address or your landlord’s name. but don’t rest easy on that search alone. You’ll also want to check your county property tax assessor’s website to see who the registered taxpayer is for the property you live in. Start asking your landlord questions if it’s not their name listed. Then check your county court house for any recent filings of a Change of Trustee OR Notice of Trustee Sale moving the property from your landlord’s name to the name of their lending institution. Again, these items are all public record, and can take some time to get updated, so check often.

Know your rights as a lessee. At this time there is no requirement that states that a landlord must notify you that they are at risk of foreclosure. This is something I strongly urge you to write to your local congressman about! It is unfortunate that in all of my research I could not find any legal recourse that I could take against my landlord with the exception of the option to take him to civil court for my security deposit and moving expenses, which would hardly be worth the time, hassle and costs involved.  Familiarize yourself with your region’s Landlord/Tenant acts which should have been provided to you with your lease. If you cannot find this information on your own, please leave a comment below and I will do my best to help.

Know your responsibilities to your landlord. In most cases, until the day that the bank assumes ownership of the property, your lease is still legally binding you to your financial obligation to your landlord. This means that unless you can legally break your lease, you are required to continue paying rent as long as they own the house and you are living in it. If they tell you otherwise, make them provide it to you in writing! And speaking of writing, if they give you a written offer of opting out of your lease prior to the foreclosure, make sure you provide them with written notice that you will be vacating the premises at least 30 days in advance, and leave the house in good condition as if you expect to get your deposits back. Goodness knows if they’ve been pocketing your rent, then they may just be the type to take YOU to civil court for breach of contract as well as damages for a house left “unrentable” just to squeeze a few more dollars out of you.

Know your options with the lender. With the rising rate of foreclosures, many lenders are realizing the dangers they are facing. Vacant houses mean no income for the bank, and even worse, a liability. Vacant houses attract vandalism, loitering, high maintenance costs, and many other forms of financial responsibility. This has caused some lenders to become more flexible with paying tenants even after they have taken possession of the home. One example of lender flexibility is a Subordination, Non-Disturbance and Attornment Agreement (SNDA). An SNDA basically states that while the Lender has controlling interest in the property, they will honor a continuing lease with the existing tenant under agreed-upon terms. In most cases where an SNDA is formed, the tenant simply sends their monthly rent directly to the lender once the house changes hands.

Know when to commit or quit.  Sadly, in many cases the best thing to do is to just walk away. Either the lender is unwilling to work with you, or the landlord waited far too long to give you an opportunity to work out an agreement before the eviction notice was given. I was able to find the greatest selection of short-notice rental properties in my area using good old Craigslist and in many cases the people managing the properties were willing to do short-term leases and even split the security deposits over the first two month’s rent. Either way, start shopping around for a new place the day you find out your current home is at risk. Create a backup plan and start pinching pennies. Hold out on your current place as long as you legally can, but know what your next move will be!

Please note that I am not a lawyer, legal adviser, or even a realtor. I am simply a tenant who did some homework and felt like sharing with the class. Each situation is unique to the individuals experiencing it, and a trained professional is always your safest option when seeking real estate or legal advice. 

Image Credit: http://www.gothamgazette.com/iotw/affordhousing/doc1.shtml