The home I'm renting is in pre-foreclosure,do I continue paying rent to landlord if she hasn't been paying the mortgage lenders?
2 attorney answers
You are obligated to the terms of your lease regardless of status of the mortgage. If you don't pay, the landlord can file for eviction. It is not a defense to an eviction that the landlord is behind on the mortgage. Your landlord can do a number of things to resolve the mortgage issue and stop the foreclosure process. That includes working out a loan modification or filing bankruptcy. If you want the home, see if the landlord wants to sell it to you. You will need to pre-qualify for a loan to show the landlord you are serious. Also consider another house. I live in Clayton County where you are and the houses here are the cheapest in metro Atlanta. Henry County is also very affordable with a great number of houses. You can likely find something nice that does not need repairs.
Please note this is to be considered general advice and not legal advice about any particular situation. The answering of any question does not...
Whether your landlord is paying the mortgage or not, has nothing to directly do with your obligation to pay your rent/lease payments to your LL. If you fail to pay, then the LL will have a legal reason to evict you. Most likely, if you do not want to be evicted, you must pay your rent. Once the foreclosure actually takes place and the property is sold on the courthouse steps, you no longer owe rent to the former owner/your LL, but the new owner will be coming around looking for the rent, and/or to get you out. You cannot force him to agree to sell to you or allow you to assume their mortgage. If you can make a deal with him, that will also satisfy his lender, then you may be able to do that. Otherwise, I suppose you could try purchasing it at foreclosure, or try and make a deal with whoever the new purchaser at foreclosure is (many times it is the lender).