The most screwed-up thing I ever heard of...

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DMGO

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Listen to this: My daughter (36, married, 3 kids, renting) just called me. She leased a house (2 year lease through a real estate agent) in a really good school district. She's been there over 7 months, paying her rent timely, and rather happy. Today, she finds a note stuck to the front door, saying the house is in forclosure, and must be vacated immediately. So, she calls her landlord, who readily admits that he doesn't own the house, he just makes the HOA payments. He said he would let her out of her lease. What does she do next? Anyone ever hear of nonsense like this? My thoughts are; the bank owns the house, so they can padlock the doors, and confiscate all her stuff. She has no ties to the bank, only the lessor, who doesn't even own the place. HUH?
 
Several years ago I had a similar thing happen at a duplex. My wife and I ended up leaving. It worked out great as a way for us to get out of the lease (job change).
However, the neighbors stayed and are still there to this day.

If she wants to stay in the house she will be best served by talking with the bank.
 
If the bank owns the house they can probably padlock the doors but I would think there would have to be some sort of notification and a reasonable amount of time given for her to vacate the house. I have very serious doubts that the bank can prevent her from taking any or all of her possessions, providing she has them out of the house in the time allotted by what ever state laws cover that sort of thing. Even in situations where an owner wants to evict a deadbeat nonpaying renter, there are laws and a process that has to be followed and a certain amount of time that has to pass before they can be removed from the property.
 
Yikes. What she does next is finds another lease- quick. Her only recourse is to sue the party that she signed a lease with. They committed fraud because they do not own the property. You can't lease a property you don't own. The only good part is that there is a very good chance she will be able to get a judgement for all that rent money back. Doesn't mean she will be able to collect it, but still. Bottom line is, when you get that note on the door, the property transfer is imminent. Like possibly within 30 days.
 
That house is her home, she has rights. Homes go into foreclosure but a sheriffs eviction is what it takes to make many people leave and in most areas, the courts are way behind in processing evictions. You also get 30 days prior notice to eviction so you might be able to stay there for free* for quite a while.
Talk to a lawyer.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=327132#p327132 said:
earl60446 » 7 minutes ago[/url]"]That house is her home, she has rights. Homes go into foreclosure but a sheriffs eviction is what it takes to make many people leave and in most areas, the courts are way behind in processing evictions. You also get 30 days prior notice to eviction so you might be able to stay there for free* for quite a while.
Talk to a lawyer.

I agree just a note isn't gonna cut it, the bank would have to go to court and have eviction papers drawn up and served to your daughter, giving her at least 30 days to vacate the premises. I would say the way the courts are going right now she has probably 6 months or better but I would keep making the rent payments. So they cant effect her credit rating.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=327051#p327051 said:
DMGO » Yesterday, 19:44[/url]"]Listen to this: My daughter (36, married, 3 kids, renting) just called me. She leased a house (2 year lease through a real estate agent) in a really good school district. She's been there over 7 months, paying her rent timely, and rather happy. Today, she finds a note stuck to the front door, saying the house is in forclosure, and must be vacated immediately. So, she calls her landlord, who readily admits that he doesn't own the house, he just makes the HOA payments. He said he would let her out of her lease. What does she do next? Anyone ever hear of nonsense like this? My thoughts are; the bank owns the house, so they can padlock the doors, and confiscate all her stuff. She has no ties to the bank, only the lessor, who doesn't even own the place. HUH?
********************************************************************************************************

I'm just an "armchair lawyer", so take anything I say with a heavy sprinkling of salt.
"She leased a house": Does she still have a copy of the lease? If so, she needs to lawyer up and file fraud charges against this so-called "real estate agent". With a lawyer, she'll be able to find out if he's legitimately acting as the "owner's" agent. If he is legitimate, then the "real estate agent" is off the hook, to a degree.
You say he "just makes the HOA payments". So, how much rent does she pay a month, how much are the HOA payments, and what's he doing with the difference? If he's sending it on to the "owner", (who apparently isn't making the mortgage payments), then I suspect the lawsuit could then extend to them, as the contract was made in good faith on her part, but broken in bad faith on thier part.

I highly doubt that she can file any complaint against the bank, as they most likely aren't in the information loop. (Might be now, but they weren't when all this started.) She does need to have her lawyer contact the bank and advise them as to what's going on, and maybe even open dialogue about taking over the mortgage. (Better yet, renegotiate for a better sale price, as the housing market is still slumped, and from what a "snowbird" friend of mine says, pretty badly in Florida.)
As far as the foreclosure is concerned, that takes quite some time. As the others said, typically six months or longer, so she doesn't need to get out by the end of next week. If she gets a lawyer involved, that might stretch out to a year.

This "note" stuck to her door. Was it a handwritten note, typed, official bank letterhead stationary, legal document, or what? A handwritten note could have been stuck there by anybody, even a (heaven forbid) stalker. Hopefully, she still has this note in her possession.

Either way, she needs to get herself legal counsel that specializes in real estate and leased/rental property.

Good luck.....Roger
 
Rather than play Internet lawyer, I would suggest she contact tenant services in the community where she lives. Unless fraud was committed she definitely has some legal rights. Also the foreclosing bank might be content to let her stay pending a sale. Properly executed leases are a binding contract.
 
My son bought a house that was bank owned a few years ago. The neighbor told us that the previous "owner" was in foreclosure and was living there a year before the sheriffs physically removed him from the house.

I have heard of other renters who lived in houses for over a year without paying rent because they knew their legal rights (which I don't know anything about). Maybe the landlord was in this same situation.

Kind of sucks for your daughter though.
 
This situation happened to use a few years ago. They gave us 90 days notice to get or they would pay us $3K to get out within 30 days. So we took that money and found another place. I have heard it called "Cash for Keys" Program.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=328175#p328175 said:
Kojak5150 » Mon Sep 02, 2013 12:18 pm[/url]"]This situation happened to use a few years ago. They gave us 90 days notice to get or they would pay us $3K to get out within 30 days. So we took that money and found another place. I have heard it called "Cash for Keys" Program.


And that my friends is her option

She should contact the bank and provide them with a lease - they cannot toss her out without going through evictions proceedings - so instead of doing so they will do a "cash for keys" with her
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=328189#p328189 said:
Captain Ahab » Mon Sep 02, 2013 5:37 pm[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=328175#p328175 said:
Kojak5150 » Mon Sep 02, 2013 12:18 pm[/url]"]This situation happened to use a few years ago. They gave us 90 days notice to get or they would pay us $3K to get out within 30 days. So we took that money and found another place. I have heard it called "Cash for Keys" Program.


And that my friends is her option

She should contact the bank and provide them with a lease - they cannot toss her out without going through evictions proceedings - so instead of doing so they will do a "cash for keys" with her

Good answer Dave. That and to put the police on her "landlord". Pretty sure it's not legal to rent a house you don't own or have any rights to. Wonder how many other places the guy has and is "renting" out ???
 
Check the Helping Families Save Their Homes Act of 2009, and the Protecting Tenants at Foreclosure Act of 2011.

We were going to rent a home that was just purchased by an investor, but we couldn't find any info on said investor, so we looked up our rights.

You'll have to look up the specifics, but I believe they either have to intice you to move by paying you, or you get to finish some or all of your lease.

"Establishes protections for renters living in foreclosed homes One of the often overlooked problems in the foreclosure crisis has been the eviction of renters in good standing, through no fault of their own, from properties in foreclosure. To address the problem of these tenants being forced out of their homes with little or no notice, this legislation will require that in the event of foreclosure, existing leases for renters are honored, except in the case of month-to-month leases or owner occupants foreclosing in which cases a minimum of 90 days notice will be required. Parallel protections are put in place for Section 8 tenants."

https://m.whitehouse.gov/the-press-office/reforms-american-homeowners-and-consumers-president-obama-signs-helping-families-sa
 
Ditto, they can't lock her out. They have to go through the courts. It's 6 months of free rent for her, what's to complain about.
 
This jerk that rented the house to my daughter leases about 20 different homes. He told her it wasn't really illegal, as long as he pays the HOA dues on each home. I'm 'old-school'. I never heard of crap like this before.
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=328286#p328286 said:
DMGO » Tue Sep 03, 2013 1:39 pm[/url]"]This jerk that rented the house to my daughter leases about 20 different homes. He told her it wasn't really illegal, as long as he pays the HOA dues on each home. I'm 'old-school'. I never heard of crap like this before.


Have you contacted your Local District Attorney or the State Attorney General yet? If not - DO IT!
 
[url=https://www.tinboats.net/forum/viewtopic.php?p=328371#p328371 said:
Captain Ahab » Wed Sep 04, 2013 10:55 am[/url]"]
[url=https://www.tinboats.net/forum/viewtopic.php?p=328286#p328286 said:
DMGO » Tue Sep 03, 2013 1:39 pm[/url]"]This jerk that rented the house to my daughter leases about 20 different homes. He told her it wasn't really illegal, as long as he pays the HOA dues on each home. I'm 'old-school'. I never heard of crap like this before.


Have you contacted your Local District Attorney or the State Attorney General yet? If not - DO IT!

X2 !!!!!! That's fraud and the guy is a crook !!!!!
 
It is not illegal to do so, at least in Florida. The ownership of the home is retained by the current owner until the foreclosure is finalized. Therefore, the current owner can continue to collect rent.

It is in my opinion, however, immoral.
 

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