If your landlord hasn’t paid the mortgage, then you are probably wondering what to do.Perhaps you have just found out about it, or maybe the house in which you are living is in the final stage of foreclosure. Whatever the case is, here are some things to remember in this situation.

You are going to have to check with your states laws because many that have been inacted are brand new.

Here is an example of California’s law:

The State of California has a law, signed by Gov. Schwarzennegger last July, which requires the foreclosing lender to provide at least 60-days notice to move to the tenants in occupation, BEFORE they are allowed to start a legal eviction. Maybe your state has a similar law that can help you?

If your property is in foreclosure:

You need to investigate out when the foreclosure started and determine how much time you have left before the home is sold at auction. You can find this public info at your local county recorder. Some counties have this info available online and other you will have to walk in and research.

By taking proactive steps to protect your family’s ability to maintain a roof over your heads, you should be able to remain in the property for another couple or three months, and in that time, hopefully, locate and pay for more secure new housing.

First, remember that as long as the landlord owns the home, you owe your landlord rent. If you don’t know who owns the home, call the county Auditor’s office and see who’s name is on the title. If your landlord’s name is still on the title, then you still need to honor your lease and pay your rent. Basically, what happens between your landlord and his bank is his business. So, it only becomes your business if the house changes hands.

Now, having said that, it might be in your best interest to start looking for a new place to live!

If you are in a position where this is a possibility, you might want to pursue it. Of course, if you have a lease that is not up yet this is not really a possibility, but you may not want to renew the lease if you fear that the house will be repossessed. If it is, the bank will allow you time to find a new place, or it might even let you continue renting as it tries to find a buyer. These things can be addressed with the bank if the situation occurs, but until the property changes hands, you are obligated to continue paying your landlord what you owe.

Moe Bedard
My name is Maurice "Moe" Bedard. I am the founder of America's #1 Mortgage Forum, LoanSafe.org. My online work has been featured in the New York Times, LA Times, Fox Business, and many other media publications.