Residence Type: 
Single unit
Landlord Type: 
Private Landlord -- No Rent Control

We rent a home March 2009. In April 2009 a Notice of Trustee sale was posted & mailed to the property (3 bed room single family home) We advised the landlord. He claims nothing to worry about. We paid him April & May's rent. We had no contact with him during the being June 2009. We attempt to contact him to pay rent & question about the NOS. June, 21 request to inspect was a no show from him. July 5 we attempt to contact him, still no contact. July 13 we received Unlawful detainer. During the month of June we assumed he abandon the property due to the NOS. We found out he filed for chapter 7 BK in June. Also a NOD was file January of 2009. He rented to us knowingly he was in foreclosure. We had no idea.
We sought legal advise. Which advised us. The plaintiff Lacks standing to bring the UD action. The plaintiff filed a BK under chapter 7. The subject property ceased to be property of the plaintiff and becomes property of the bankruptcy estate under the control of the chapter 7 trustee. The property does not vest in the debtor (plaintiff) until after discharge or upon specific order from the court. Plaintiff has not sought relief from the automatic stay to proceed with this state court action. The plaintiff can not use the court as a sword and a shield. Plaintiff would need permission from the BK court just like a creditor would....
Plaintiff has unclean hands: Plaintiff can not bring an action against defendant for failing to pay rent on property that defendant was paying and sthen stopped only after he received notices of sale posted on the property that was being foreclosed upon for non payment of the mortgage payments. By failing to make the monthly mortgage payments to the lender, plantiff breached his fiduciary responsibility to the defendent.
Further still, plaintiff breached defendant's quiet enjoyment of the subject property. By allowing the property to go into foreclosure and by the property being posted with notices for failure to pay, has caused defendant a worrisome persona thus not allowing defendant the ability to enjoy the property for which defendant was paying for.

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