additional, we have been renting this home for over two years. last august, the landlord told us the he was letting the bank take the house back and save our rent money. now he is suing us for the rent money and eviction. there is less than 30 days left on the redemption period. he actually has the nerve to say we didn't "maintain" the property. Not sure what that means either. thanks.
I have several emails where he states to save our money and he hopes we have been saving our rent money b/c that is what he suggested we do from the beginning.
Unless you have proof that your landlord modified your lease to $0 rent for the pendency of the foreclosure and redemptive period, the court will most likely find that you owe rent at the rate set forth in the lease for the time you have occupied it, regardless of the landlord's debt to the mortgage-holder. If you are being sued for possession the court will give you ten days from the date of the judgment to either pay the arrearage or move.
If you can prove the modification of the lease (by either getting the landlord to admit to the judge that he agreed to allow you to ride out the foreclosure without paying rent, or by providing written proof of such a promise from your landlord) you would have decent leverage to negate a money judgment.