A recent news story on 9news.com brought to light a problem many renters are facing. The landlord stops paying the mortgage but still demands the rent. A real estate attorney, Joseph Davies, is quoted as saying,
the “deal with the owner is independent of the owners deal with the bank.” … “Generally speaking, the rights of the lender are greater than the rights of the tenant.”
Seems reasonable enough but I can’t help but wonder about the fairness of that.
What about a tenants right to quiet enjoyment?
I wonder if the tenant shouldn’t contact an attorney. Wouldn’t the tenant have a claim of non-performance?
Regardless, if you or someone you know in Colorado are facing problems with foreclosure, you should definitely contact an attorney if you have any questions about your rights.
You should also take advantage of the Colorado Foreclosure Hotline at 1-877-601-HOPE (4673).
[...] in foreclosure down at the public trustee’s auction. It’s also an update on this post where unknowing renters were being evicted from the property even though they had a lease in place [...]