Legal Question in Real Estate Law in Missouri

If tenant has lease on home, and home is forcloused ,does bank have to honor the lease?


Asked on 9/25/11, 6:49 pm

1 Answer from Attorneys

Anthony Smith LawSmith

If the lender approved or allowed the renting of the property, and the tenant is not in breach of the lease agreement, the foreclosure should be subject to the lease. Some lenders take the positon that their foreclosure cancels the lease, but the case law and statutes are heading in the opposite direction. Renters often have to go to court to protect thier leasehold interest. If you find yourself in this situation, (renting ahouse tha tis going into foreclosure) you should consult directly with an attorney in your area as soon as possible. Many attorneys offer a free or low cost initial consultation. Take all the relevant documents and go see one.

Good luck

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Answered on 9/29/11, 2:48 pm


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