# this is just horrible \[tenant evicted after landlord loses property in foreclosure\] **URL:** \ **Category:** The BBQ Pit\ **Created:** [March 24, 2009, 11:55pm UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664 "2009-03-24T23:55:09Z")\ **Posts on this page:** 20\ **Page:** 5
**Author:** ![keturah](https://avatars.discourse-cdn.com/v4/letter/k/e95f7d/32.png) [@keturah](https://boards.straightdope.com/u/keturah)\ **Post date:** [March 27, 2009, 3:46am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/81 "2009-03-27T03:46:30Z")
> [@Frank](#): > > Please describe it to me. Well, it’s pretty, pink, & somewhat moist.. Jesus man, I understand the situation–the woman rented a house in a market where houses are renting well below the morgage in most markets. She rolled the dice and lost. It happens. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [March 27, 2009, 3:48am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/82 "2009-03-27T03:48:43Z")
> [@keturah](#): > > Jesus man, I understand the situation–the woman rented a house in a market where houses are renting well below the morgage in most markets. She rolled the dice and lost. It happens. This appears to indicate that you do not, in fact, understand the situation. ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [March 27, 2009, 3:50am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/83 "2009-03-27T03:50:04Z")
> [@keturah](#): > > You know, Guin, I once gave you some advice regarding your teeth–you claimed every suggestion was impossible–so how is that last tooth hanging in?? I did a search for that-and actually, that’s complete bullshit. I’d like a cite for that. As for the last tooth-I lost it to a gum ball. I’m savin’ up to get me a pair a of those choppers from one of dem mail catalogs! 😛 ---
**Author:** ![keturah](https://avatars.discourse-cdn.com/v4/letter/k/e95f7d/32.png) [@keturah](https://boards.straightdope.com/u/keturah)\ **Post date:** [March 27, 2009, 3:54am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/84 "2009-03-27T03:54:37Z")
> [@Frank](#): > > This appears to indicate that you do not, in fact, understand the situation. Can you explain where I have gone wrong? ---
**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\ **Post date:** [March 27, 2009, 3:55am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/85 "2009-03-27T03:55:49Z")
> [@Frank](#): > > This appears to indicate that you do not, in fact, understand the situation. Actually, it brings up an interesting new angle if what he/she said is factually accurate. The lessee may have been able to rent the house becaues the leasing market is depressed, which would naturally put pressure on lessors’ ability to pay the mortgage. ---
**Author:** ![keturah](https://avatars.discourse-cdn.com/v4/letter/k/e95f7d/32.png) [@keturah](https://boards.straightdope.com/u/keturah)\ **Post date:** [March 27, 2009, 4:14am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/86 "2009-03-27T04:14:28Z")
> [@Rand\_Rover](#): > > Actually, it brings up an interesting new angle if what he/she said is factually accurate. The lessee may have been able to rent the house becaues the leasing market is depressed, which would naturally put pressure on lessors’ ability to pay the mortgage. I’m a she. As t to the rest–It is happening-( see the OP for my cite) -you can rent much more house now in most markets than you can buy because of the depressed market. All of the house flippers are now caught with property they can’t get rid of. The risk is now on the renter, you can get a whole lotta house from someone who is trying to break even. Sometimes they can carry it, sometimes they can’t. It is pretty easy to figure out – if it is too good to be true, it is. ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [March 27, 2009, 4:41am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/87 "2009-03-27T04:41:15Z")
> [@Rand\_Rover](#): > > You are a troll! I hope you get that promotion out of the mailroom soon, dude. Those photocopier fumes are messing with your head. ---
**Author:** ![keturah](https://avatars.discourse-cdn.com/v4/letter/k/e95f7d/32.png) [@keturah](https://boards.straightdope.com/u/keturah)\ **Post date:** [March 27, 2009, 4:50am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/88 "2009-03-27T04:50:29Z")
and for Guin: [http://boards.straightdope.com/sdmb/showthread.php?t=188375&highlight=dental:](http://boards.straightdope.com/sdmb/showthread.php?t=188375&highlight=dental:) post 43. ---
**Author:** ![bengangmo](https://avatars.discourse-cdn.com/v4/letter/b/50afbb/32.png) [@bengangmo](https://boards.straightdope.com/u/bengangmo)\ **Post date:** [March 27, 2009, 4:56am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/89 "2009-03-27T04:56:53Z")
For a totally unrelated jurisdiction but… for New Zealand, there is a tenancy tribunal that by law, all security deposits must be paid to. This protects both the tenant and the landlord in the case of any disputes. Also, it has always been my understanding that a long term tenancy remains in place even if the house is sold. (not sure about foreclosed though). Its quite normal to see in a property listing “tenanted on long term lease”. In this situation, I would \*\*expect \*\*that the tenant would be allowed to serve out the original lease while the bank may well list the property, put it up for auction or whatever. ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [March 27, 2009, 6:12pm UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/90 "2009-03-27T18:12:32Z")
> [@keturah](#): > > and for Guin: [http://boards.straightdope.com/sdmb/showthread.php?t=188375&highlight=dental:](http://boards.straightdope.com/sdmb/showthread.php?t=188375&highlight=dental:) > > post 43. Yes, and your point is? I never said, “But I CAN’T do that!” (I can’t even remember what happened-I think I had to have it yanked, that was what-six years ago? When at least I had insurance.) But what brought this on, I don’t know. (Actually, my teeth are fine now-or at least, they’re not my main concern) What, you got tired of sucking **Rand Rover** ’s dick? ---
**Author:** ![keturah](https://avatars.discourse-cdn.com/v4/letter/k/e95f7d/32.png) [@keturah](https://boards.straightdope.com/u/keturah)\ **Post date:** [March 28, 2009, 1:41am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/91 "2009-03-28T01:41:18Z")
What brought this on is that you irritate me. Your overall tone grates on my nerves. You offer advice and critique rather matter of factly when everyone here knows have never really taken resposibility for your own destiny or self improvement. It is easy to talk the talk, but ISTM that you do not walk the walk. That having been said, I was bitchy and really should have held my tongue. You and I have a decidedly different worldview–we will never see eye to eye. Let’s agree to disagree. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [March 28, 2009, 4:54am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/92 "2009-03-28T04:54:15Z")
It is a basic principle of Anglo-American real-property law that if you acquire a piece of real property by purchase, foreclosure, or any other means, you acquire it subject to all previously valid mortgages, easements, liens, encumbrances, or **leases.** IOW, you can’t evict a tenant before the lease term expires. That is the law in every state of the Union. Was it not applied here? ---
**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\ **Post date:** [March 28, 2009, 4:32pm UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/93 "2009-03-28T16:32:21Z")
> [@BrainGlutton](#): > > It is a basic principle of Anglo-American real-property law that if you acquire a piece of real property by purchase, foreclosure, or any other means, you acquire it subject to all previously valid mortgages, easements, liens, encumbrances, or **leases.** IOW, you can’t evict a tenant before the lease term expires. That is the law in every state of the Union. Was it not applied here? In California, if the owner sold the property, the new owner would take it subject to the lease. However, a foreclosure usually terminates the owner’s interest and any leasehold interest, unless the lease predates the mortgage. In most situations, the mortgagor did not issue the mortgage subject to the lease because the mortgage usually predates the lease, so the foreclosure on the mortgage is not subject to the lease in those cases. If the lease predates the mortgage, then the mortgage is subject to the lease and leasehold interest is not terminated by foreclosure unless the agreements subordinate the leasehold interest to the mortgage. ---
**Author:** ![Siege](https://avatars.discourse-cdn.com/v4/letter/s/dbc845/32.png) [@Siege](https://boards.straightdope.com/u/Siege)\ **Post date:** [March 28, 2009, 8:30pm UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/94 "2009-03-28T20:30:25Z")
> [@Rand\_Rover](#): > > Let’s say that a person engages in a business transaction where there is a risk of X happening. X is a reasonably foreseeable event. If X happens, I have no sympathy for the person if they are crying about it and saying “Oh no, X happened! Oh woe is me!” If the person has a legal or contractual right to recover from someone else for the damages caused by X, then of course they can pursue their available remedies, but I’m not going to feel bad for them or think that they’ve suffered something just because X happened. > > You should be able to apply the simple principles I’ve outlined to the rest of your post yourself. **Rand Rover** , I’m curious about something. You’ve said you have no sympathy for the tenant because she suffered a reasonably foreseeable consequence of a business transaction. (I am paraphrasing.) What do you think prospective tenants should do to reduce this risk? Do you think that having a lease the tenant and landlord have agreed to and fulfilling the terms of that lease isn’t enough to mitigate that risk? Should prospective tenants do background checks on landlords, just as some landlords do on tenants? In my county, property taxes have abruptly increased when properties have been reassessed at higher values. Should tenants try to find out when such changes in property taxes take place and try to stay abreast of them? I admit I’ve never done a background check on a potential landlord or employer; do you think a reasonable person should do such a thing to reduce his or her risk? Do you think a person who doesn’t take such precautions deserves whatever he or she gets? I’m not trying to be antagonistic. I’m just genuinely curious about what you think the tenant should have done to avoid this situation. ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [March 28, 2009, 10:45pm UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/95 "2009-03-28T22:45:39Z")
> [@Guinastasia](#): > > Yes, and your point is? I never said, “But I CAN’T do that!” More to the point, even if you did say it, you didn’t say it to her, as there were no posts to the thread following hers. 😃 ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [March 29, 2009, 12:23am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/96 "2009-03-29T00:23:08Z")
> [@kaylasdad99](#): > > More to the point, even if you did say it, you didn’t say it to her, as there were no posts to the thread following hers. 😃 And if anything-that’s **Opal** ’s MO, usually, not mine. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [March 29, 2009, 1:35am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/97 "2009-03-29T01:35:17Z")
> [@](#): > > The broker explained that the landlord no longer owns the property and that the lease was no longer valid. Waitaminnit, now, that’s not the law. A lease is like a mortgage or an easement; it runs with the property, and anyone who purchases real property or acquires it in foreclosure or by inheritance or any other way takes it subject to all encumbrances. She should have at least been allowed to stay to the end of her lease term. ---
**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\ **Post date:** [March 29, 2009, 4:27am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/98 "2009-03-29T04:27:43Z")
> [@BrainGlutton](#): > > Waitaminnit, now, that’s not the law. A lease is like a mortgage or an easement; it runs with the property, and anyone who purchases real property or acquires it in foreclosure or by inheritance or any other way takes it subject to all encumbrances. She should have at least been allowed to stay to the end of her lease term. In the case of the OP, it appears the issuance of the mortgage predates the creation of the leasehold interest, so the mortgage is not subject to the lease, and mortgage foreclosure would extinguish the leasehold interest. ---
**Author:** ![Quasimodem](https://avatars.discourse-cdn.com/v4/letter/q/e274bd/32.png) [@Quasimodem](https://boards.straightdope.com/u/Quasimodem)\ **Post date:** [March 29, 2009, 4:31am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/99 "2009-03-29T04:31:03Z")
Y’all it’s quasi. I’m trying to ask springs1 if she has hyperthyroidism, but she has me blocked i tjhink she may need her meds please see if you can post to her and ask her! What she’s been doing all day in that thread is a symprtom ---
**Author:** ![Quasimodem](https://avatars.discourse-cdn.com/v4/letter/q/e274bd/32.png) [@Quasimodem](https://boards.straightdope.com/u/Quasimodem)\ **Post date:** [March 29, 2009, 4:36am UTC](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664/100 "2009-03-29T04:36:56Z")
She may be in a thyroid storm, i don’t know, i have been trying to ask her but i think she has me blocked. I sent a pm to lynn b if y’all want to talk to me i can be reached at [personal phone number removed] [Previous page](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664.md?page=4) [Next page](https://boards.straightdope.com/t/this-is-just-horrible-tenant-evicted-after-landlord-loses-property-in-foreclosure/490664.md?page=6)