I received a letter from a Bank telling me to forward rent moneies for my rental property to the Bank and not to the LandLard. My LandLord tells me not to do this but to contue to send him the money.
1 Answer from Attorneys
If your question is, to whom shall I send the rent while keeping myself out of litigation, the answer is: it depends. In Missouri, a mortgage between the owner/landlord of property and the bank can specify that certain actions - namely, foreclosure - can trigger a provision that allows the bank to contact tenants directly and inform the tenants that they must "attorn". This means the tenant must accept the bank as the new landlord with the power to collect rents directly from the tenant.
Without seeing a copy of your lease, the bank's letter, the mortgage papers, and court documents, I cannot say if the bank has this power here. Feel free to contact me if you want to examine this situation in more detail with an eye towards staying out of the litigation between the bank and landlord.
Sean Santoro/Licensed in KS and MO
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