Posted by Nate(DC) on March 26, 2002 at 24:51:06:
Strictly in practical terms, I agree with you. I doubt this guy has the wherewithal to do anything if she were to stop paying.
Incidentally, there is no lease. She is month to month. Not that it matters in this case.
NT
While I’m at it…another POSSIBLE foreclosure… - Posted by Donna
Posted by Donna on March 25, 2002 at 16:49:01:
I know of another house that has a friend of mine renting it. She found out that the rent she’s paying on the house hasn’t been going to the house payments. She was renting with option to buy. The lease they had expired a few months ago and she has been going month to month until she can get out (she doesn’t want to buy it, but hasn’t told him yet, cause she has not decided where to move to or if she should even stay in that town).
The man is on the loan and of course the deed. But the deed is in both his AND his ex wife’s (she is NOT on loan). Thus when my friend called, she called under the guise as the ex. She found out last payment made on this bi-monthly paid loan was Jan. 14th. And she was told that $2000.22 must be paid by next due date of March 23rd (last Friday) to prevent foreclosure from being started.
Ironically, that’s when she paid landlord another month’s rent (he was supposed to pick it up the week before…actually two Sunday’s ago he said he’d be by, but never showed up either Sunday. He finally came at 6:30p Friday and she paid him cash (and yes she got him to sign receipts of the cash payments).
Now in her ORIGINAL deal with him, payments WERE supposed to be paid directly to mortgage company(rent w/option), but he never told her who to pay or mortgage account # and in fact asked her to pay him, that he’d pay the mortgage company.
For the record, property taxes on property last were due Nov. and haven’t been paid…and come May it’ll be a year behind. So come NEXT February if taxes aren’t paid, it goes to tax auction.
The landlord lost his job last October and lost a new job due to failing a drug test (he IS an alcoholic). Now what does this matter? Well, my friend suspects that the money he just got is NOT going to go to mortgage company.
She doesn’t want the bank to come knocking on her door with a 15 day notice after having paid for a month’s rent.
How long before she has to worry about that? She plans on calling mid-week this week to find out if he applied ANY payments to the mortgage or not. If not and foreclosure is starting, how long before she’ll find out? Is she still responsible for paying HIM rent?
Anything else she has to be worried about or keep her eyes open for?
Thanks!
Donna
Re: While I’m at it… - Posted by Mike Daly (GA)
Posted by Mike Daly (GA) on March 25, 2002 at 19:40:33:
If the landlord is collecting rent and not paying the mortgage, that is a federal offense that could land him in prison. She should talk to an attorney to see what her options are.
How long does she have to continue paying - Posted by Donna
Posted by Donna on March 25, 2002 at 20:07:59:
landlord? If house falls into the start of foreclosure, how long does she have? And lastly, is she required to continue to pay rent to HIM once foreclosure proceedings??
I do realize that she has to speak to an attorney to confirm all this, but she wants to get an idea of what she has on her hands? Living rent free does have a nice appeal (and I don’t blame her frankly, as the house is cheaply made…i.e. falling apart anyway).
Your thoughts on the above questions? I realize it’s not ‘legal advice’, just 'your thoughts/opinions.
Donna
Re: How long does she have to continue paying - Posted by Mike Daly (GA)
Posted by Mike Daly (GA) on March 25, 2002 at 22:30:20:
How long it takes from the start of foreclosure proceedings to the actual auction depends on your state – in my state it’s just a month, but most states it’s more like 3 months. Legally speaking, she is still obligated to pay rent while she’s living in the house. However, the owner might have trouble paying an attorney for an eviction if he’s not even making the mortgage payments.
Re: How long does she have to continue paying - Posted by Nate(DC)
Posted by Nate(DC) on March 25, 2002 at 20:58:54:
Considering she doesn’t even WANT to buy the house or live there anymore, why does she care if it goes to foreclosure? One option would be to just look for another place to live, quickly.
Beyond that, as long as she remains in the house she’s obligated to pay rent to the owner. As long as the owner is her current landlord, she’s obligated to pay rent to him - even if she knows he’s squandering it. Once the foreclosure sale takes place, he will not be the owner anymore, and then she would be obligated to pay rent to whoever bought the house at the foreclosure sale (even if it’s the bank) or move out.
But until the foreclosure sale - even if foreclosure has been filed for - he is still the owner and still needs to be treated as such.
NT
PS It sounds like this guy is a wreck. I wonder if he would do anything if she did stop paying.
House is in AZ - Posted by Donna
Posted by Donna on March 26, 2002 at 10:29:22:
AZ laws are pro landlord I hear. I think all they have to do is lock tenant out 5 days after serving with eviction notice. Eviction notice doesn’t have to be done via lawyer, now does it?
I can’t wait till my friend comes over to read all these msgs! Thank you all!
Donna
Re: She should have stopped paying a long ago… - Posted by Anthony-OH
Posted by Anthony-OH on March 25, 2002 at 23:42:05:
As soon as she found out that he has been served a NOD she should have contacted a lawyer and put all of her rent into escrow, thats if she is feeling generous. (He is breaking Federal Statutes, comitting fraud, and the lease is null and void)
Could he bring the loan current and evict her if she doesn’t pay up…Sure if he has the money…Doesn’t sound like he does…Be prepared to move in 15 to 180 days…Live rent free until the Sheriff comes…Don’t be an enabler and finance his drug habit…
He’s no landlord and shouldn’t be treated as such…