is what my landlord did considered fraud?
2016-10-14 10:21 pm
When we first moved into this house we are rented, he said nothing about the situation the house was in (trying to make money I know) we found out through an eviction notice from the sheriff that the house we rent is in foreclosure and has been for two years. the date for auction was august 9th. the landlord got it postponed till oct 14th, we called him again and he claimed his lawyer and real estate agent pushed it to December 9th. I called the auction site where it was posted on and asked if the auction went through. they said yes and it ended at 2pm. they said to wait for updates every few hours. so I waited. nothing updated about wether the house was sold or not. I called for an update and they didn't have one. our landlord comes over tonight to talk about this and wants our weekly rent. I absolutely will not give this man a dime until I know the outcome of the auction. we also got slammed with a water bill that he said we owe but our lease states we are not responsible for any utilities. he is showing the upstairs apartment (house is a duplex) today. I will be informing these people who see the place the situation obviously. if this house sold to someone . I know we have some tenants rights (3 months time to save before we gotta leave) we found a place but until its a for sure deal I wanna figure out what my options in these three months are. if someone buys it and decides to rent out, we can lease. but im not counting on that. anyone been in this situation before?
回答 (7)
2016-10-14 10:47 pm
If the house went to foreclosure it's no longer his. Your liability to him ended at the fall of the hammer. From that point forward you owe the rent to the new owner, so you need to find out who that is. The county recorder can tell you who has the deed now and you should contact them.
A foreclosure trumps a lease so the lease does NOT pass to the new owner unless the new owner chooses to honor it. The vast majority of foreclosure sales are bought by the lender. Whoever bought the house can terminate your lease with at least 90 days notice to you. This is federal law. Before it became law you could be kicked out by a foreclosure in a matter of days.
Sometimes they will offer you cash to move out earlier. This is called "cash for keys." It's up to you whether you want to accept it or not, but be sure than any offer covers your costs of moving. (If you take any cash for keys offer, they will report it to the IRS. Be sure to include it on the Other Income line on your tax return. You will get a Form 1099-MISC showing the payment, so the IRS will be looking for it.)
As far as him trying to rent out the upstairs unit, contact the new owner and let them know. It's up to them to put a stop to that. That IS fraud, but it's not your problem. Most likely they will get the locks changed and lock out the former landlord.
A foreclosure trumps a lease so the lease does NOT pass to the new owner unless the new owner chooses to honor it. The vast majority of foreclosure sales are bought by the lender. Whoever bought the house can terminate your lease with at least 90 days notice to you. This is federal law. Before it became law you could be kicked out by a foreclosure in a matter of days.
Sometimes they will offer you cash to move out earlier. This is called "cash for keys." It's up to you whether you want to accept it or not, but be sure than any offer covers your costs of moving. (If you take any cash for keys offer, they will report it to the IRS. Be sure to include it on the Other Income line on your tax return. You will get a Form 1099-MISC showing the payment, so the IRS will be looking for it.)
As far as him trying to rent out the upstairs unit, contact the new owner and let them know. It's up to them to put a stop to that. That IS fraud, but it's not your problem. Most likely they will get the locks changed and lock out the former landlord.
2016-10-14 10:44 pm
The last extension of the Protection Act expired at the end of 2014 and has not been renewed, so your state law is going to govern how the new owner (lender, probably) needs to handle it. You should be able to find out who was servicing the loan (collecting the payments) at the time of foreclosure; they would have been the ones to initiate it. Search for "MERS Servicer ID" and on that site you can enter the property address and it will tell you the address and phone number for the last known loan servicer. You can then call them to find out what they want you to do regarding the rent, and how long they will allow you to remain there. They won't tell you anything about the loan or the previous owner, but they are now the landlord.
Don't pay anything to the old landlord. Keep that money aside, though, and don't spend it as you may need to send it to the new owner who may allow you a decent amount of time to find a new place.
Don't pay anything to the old landlord. Keep that money aside, though, and don't spend it as you may need to send it to the new owner who may allow you a decent amount of time to find a new place.
2016-10-14 10:30 pm
If you have a lease, it transfers to the new owners.
Put the rent money in an account ready for the new owner as/when you're informed who this is.
Put the rent money in an account ready for the new owner as/when you're informed who this is.
2016-10-15 2:18 am
Not fraud. He had no obligation to tell you about his financial issues. You owe rent.
2016-10-15 1:46 am
No, there is no fraud concerning you. What the landlord does with the rent money is none of your business as long as you are getting what you paid for. The water bill, if your lease states that you don't pay for utilities, tell him you're not paying it.
If YOU are being evicted by the sheriff, don't give the landlord any more rent money. Leave. But be sure that YOU are being evicted. Contact the sheriff. Don't trust what the landlord tells you.
If YOU are being evicted by the sheriff, don't give the landlord any more rent money. Leave. But be sure that YOU are being evicted. Contact the sheriff. Don't trust what the landlord tells you.
2016-10-14 10:57 pm
i believe you are wrong about the 3 months. I sounds like you are on a weekly rental.
2016-10-14 10:25 pm
You may not have time now, but you should keep all records of him discussing what is going on. You should probably even record your conversation with him tonight. I suggest you get advice from a lawyer to see what your legal options are.
2016-10-14 11:14 pm
when you first learned it had been in foreclosure you needed to move then
you are hanging on just like the owner and he certainly would not be able to rent out the other unit if the house was sold at auction with this last one
he may have not been able to extend the date, it is also possible that the house did not get sold at auction and he status is as it has been for two years, I am astounded that once a foreclosure was issued that he still has control of the property
at any rate, your tenancy is in jeopardy and it is a good thing you only pay a week at a time, you haven't a full months' rent to consider when you no longer can live there when it is REALLY foreclosed
you are hanging on just like the owner and he certainly would not be able to rent out the other unit if the house was sold at auction with this last one
he may have not been able to extend the date, it is also possible that the house did not get sold at auction and he status is as it has been for two years, I am astounded that once a foreclosure was issued that he still has control of the property
at any rate, your tenancy is in jeopardy and it is a good thing you only pay a week at a time, you haven't a full months' rent to consider when you no longer can live there when it is REALLY foreclosed
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