I understand your reluctance to pay a landlord who has defaulted on a mortgage, however, your landlord is legally entitled to the rent, (not the mortgage company) and he or she can evict you if you fail to pay the rent. Despite the filing of a foreclosure law suit, it is possible that your landlord could get current on the late mortgage payments, or could refinance, or enter a short sale, etc.
If you have already been served a proper 3-day notice, I suggest you either pay the rent due, or timely vacate. A defective notice is a defense to the eviction law suit, however, it does not mean your landlord is not entitled to the rent. All your landlord has to do is serve another proper notice to you.
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I agree with Attorney Fucillo, but I have to also add that some judges will not allow the eviction to proceed, stating that the landlord has unclean hands and is rent skimming.
You should either pay the landlord or put the money into escrow at the courthouse.
You should hire a local attorney and get some advice and representation.
I agree with my colleagues. Despite the fact that it "feels wrong" to pay a landlord who is defaulting on their obligations, they are still the owner of the property and entitled to collect the rent until the bank forecloses.
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