If your landlord defaults on his mortgage, is the mortgagor obliged to continue the lease (in Texas)?

Public Comments

  1. In a state like Texas, I would guess not.
  2. No. In foreclosure actions, leases do not transfer forward to the new owner, who will happen to be the bank.
  3. No, not anywhere in the US.
  4. not if they foreclose on or accept the property in lieu of. [exception: if the mortgage was made after your lease was signed]. in texas, you get to pay the mortgage holder for 30 days at old rate immediately. [not at first of next month] then, you'll either have new deal at new rent with mortgage holder (new property owner) or will have to move. eviction takes 3 days if you do not pay immediately or do not move *** balance of missing month and your deposit you have to try and get back from your old landlord -- not from the mortgage company
  5. no, they usually give you about 30 days notice to move. you need to contact the mortgage company and find out for sure, since you probably will not get any deposits back so you don't pay your last months rent.
  6. ....not in Texas or anywhere else. The rules under a 'sale' are not the same as a foreclosure, and it's simply contract law. The landlord has the contract with you...the mortgage company does not. Therefore, when the property reverts back to the mortgage company, you are simply someone they need to evict. Most states allow for an expedited process of this, which was lobbied heavily by the mortgage company. In my state, it's as little as a 7 day notice to vacate.
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