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Updated about 9 years ago on . Most recent reply

How can tenant verify property renting not in mortgage trouble?
What if a tenant finds a house for rent from a property management company? Future tenant asked the managing agent about status of mortgage and if payments are current, but managing agent never provides those answers via email. What are the rights of the tenant if they move into the house for rent and find out mortgage is behind by 3 months.
What are the legal rights of the renter in Georgia?
Most Popular Reply

I can answer from experience that when I am in Magistrate Court for an eviction of a tenant, the judge always mentions to everyone there that if any tenant in the courtroom is there because he/she is being evicted even though their rent payments are current, due to the house being foreclosed on, that "Magistrate court" is not the proper venue. The judge does say that the tenant can bring suit against the owner who did not perform according to the contract - "in another court". Every time I am in court, there are a number of tenants in this situation, and I always see them leave - and they're not too happy. I'm not sure that a tenant can research if the owner is making payments, unless the owner provides the mortgagor name and account number to the tenant. I have met with tenants that were in that situation before - and they have said they no longer will deal with an individual for a lease option again- only a company that has multiple houses (like our company), to try and avoid that situation again. Not saying that this is always safe - but that was their impression after being taken advantage of by an unscrupulous landlord.