Forecloser/rental home

I am renting out my home and living with friends because I cannot afford my morgage. I cannot afford any payments on home now that the renters are moving out at the end of next month and the house will go into forecloser. Can I keep my last months rent instead of paying morgage to hire a lawyer for forecloser process?
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Answers (3)

Dennis Andrew Chen

Dennis Andrew Chen Avvo Pro

Contributor Level 7
You are not required to use rent to pay the mortgage, unless you have a provision in your mortgage that says so. You can use the rent to pay your other expenses and let the home go into foreclosure, the choice is yours.
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Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
Quite a few people are doing this. If the lender realizes that it is a rental property, they may ask the Court to give them the right to collect and retain the rent against the mortgage debt, but unless and until they do, there is nothing that prevents you from doing so.
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Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
Quite a few people are doing this. If the lender realizes that it is a rental property, they may ask the Court to give them the right to collect and retain the rent against the mortgage debt, but unless and until they do, there is nothing that prevents you from doing so.

We have a Florida foreclosure defense practice, and explain a great deal about defending against foreclosure in Florida on our web site, www.golantlaw.com
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