First, have you been in touch with the LL to discuss the situation? If LL says they are working on keeping the house, then you need to get proof. From the time a foreclosure is posted till eviction happens could be months.
My friend's house was posted in early Feb. and nothing has happened since (they had already moved out)
See if you can find out the status of the foreclosure from the law firm that is handling the foreclosure notice.
I disagree that Kevin should pay rent TO THE LL until the situation is resolved. But you must pony up the rent, put the rent in escrow and inform the LL by registered letter what you have done and why.
Even if you have to open a separate bank account for this purpose, do NOT just keep the rent with your money or tell the LL you are not paying.
You might want to consult a lawyer who has an escrow account, or even your local consumer hotline or Legal Aid. If it looks like there will be no action for a few months, then you should pay the coming month's rent.
I've heard a number of stories of people who get evicted b/c landlord lost the house and they've just paid rent and the security deposit is nowhere to be seen. How can those tenants move? You also need to gather proof that you paid your security deposit and have paid rent on time and in full.
I've had prospective tenants ask me if I can prove I'm current on the mortgage
A LL in mortgage default who is taking rent and not paying the mortgage will not necessarily treat the tenant fairly. I think the tenant has a right to protect themselves, but only if they do it the right way - and that is to keep the rent in escrow.
AND, even if you do end up having to move, you need to keep that money in escrow (don't spend it for moving)
--66.56.xx.xxx