Legal Question in Real Estate Law in Illinois

the house I am renting is in foerclosure what do I do?


Asked on 12/06/10, 11:30 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Live there and pay the rent until it is foreclosed or your lease is up. Depedning on the language of your lease, you may be able to move now.

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Answered on 12/12/10, 5:58 am

As Mr. Padove says, check your lease. If you want to stay there you should be able to until a new owner wants to move in then you are entitled to notice and may have to move before the term is up. You may want to keep track of the situation because you do have a right to negotiate a renewal with your current landlord at the end of the term if the house hasn't been sold but that could also be interrupted. If the landlord has upkeep responsibilities and is not in a position to do so, you need to see if your lease gives you the right to take care of things yourself and offset rent (unlikely) so you may wind up having to pay for some repairs that the owner should be paying for, and your only recourse may be against the owner who is foreclosed upon, so don't renew without getting that straightened out if the foreclosure sale hasn't occurred before your term expires. And if the place becomes unlivable pending the foreclosure and it's the landlord/owner's obligation to keep things fixed, you may be able to declare a "constructive foreclosure" and move.

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Answered on 12/15/10, 8:35 pm


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