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foreclosed property-rights of lessee
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TOPIC: foreclosed property-rights of lessee

foreclosed property-rights of lessee 2 years, 12 months ago #87

  • jspr31
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Please help. We are lessees/tenants in one res/comm lot in QC (7-unit lot). We are paying monthly rents and executed contract of lease to the known owner of the property, what we don't know is that the subject property was already foreclosed in favor of a bank. There is case involving the owner and the bank in the RTC for two years now. Writ of Possession was issued by the RTC (after a motion for recon by the owner). Notice to vacate was served recently to the lessees (by the way, owner resides in another place, not in the subject property). The case is unknown to the lessees until the notice was served, since the owner who collects the rents, did not disclose this to us.

Questions: What are the rights of the lessees?

Is the obligation of the lessees, i.e. paying rents, can be transferred to the bank, if the bank agrees?

Can the lessees file a case against the Owner? Can we get the downpayments or the monthly rentals to the Owner as she was in bad faith, in not informing the status of the property?

Is the sheriff's duty to padlock the property can continue, even if there are innocent lessees, who were not informed about the case?

Re:foreclosed property-rights of lessee 2 years, 11 months ago #88

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If my memory serves me right, if there is a transfer of property, all liens and encumbrances attached to it are included and therefore should be respected.
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