If my landlord sued me for rent after the property had been foreclosed on, what and to whom are my obligations?
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If my landlord sued me for rent after the property had been foreclosed on, what and to whom are my obligations?
My landlord sued me several months after I left the last 4 months of rent (we had a verbal to end the commercial lease 4 months early). He got a default judgement. Am I obligated to pay him or the bank? Is it possible that the bank come after me as well (assignment of rents)? Should he allowed to sue for past due amount when he is indebted to the bank and does not own the property (the lawsuit was filed after the property had been foreclosed on)? Should I fight this? I have no problem as he completely reneged on a verbal agreement.
Asked on August 21, 2012 under Real Estate Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the default judgment against you is in favor of the former landlord with respect to the rental that you had, then under the laws of all states you are obligated to the landlord for the amount of the default judgment regardless if the landlord lost the home in a foreclosure that you were renting absent a court order to the contrary served upon you that the lender that foreclosed on the home is owed the money set forth in the judgment.
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