I live in a large apartment complex in Florida. We were all served papers this week that the property has gone into foreclosure. I see in the county clerk of courts website that foreclosure has indeed been filed. Now a man has shown up saying that he is the court-appointed receiver and will collect the money until the property is sold, but I see no court records appointing him in this role. Wouldn't the court instruct our manager directly if it is proper to do so? Isn't the owner still the owner still the owner until the foreclosure is complete? Could our manager get in trouble for giving his money to someone else? By the way, this so-called receiver is the husband of the lender's VP.
Lawsuit / Dispute Attorney
I am assuming you are a tenant and someone just told you to pay your rent to them going forward. You should ask this person to provide you with a copy of a signed court order that shows his appointment as a receiver. The court order should explain exactly what this person is allowed and authorized to do. You asked if the owner is still the owner during foreclosure - The answer is yes - BUT lenders usually ask for the right in their mortgages to collect rent IF the owner fails to make their mortgage payments. Lenders usually do this through a receiver who must be appointed by the court. You as a tenant don't want to be caught in the middle. Follow your lease UNTIL you can determine that a court order instructs you otherwise. If you are still unsure - contact a lawyer who can advise you further how to protect yourself.
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