[DANIADUDE]

We moved in Oct 1st (me, 8 mo. pregnant wife and 1 yr daughter) and got the summons 3 wks later. I stressed to landlord several times prior to signing how badly I hate moving (it's stressful, expensive, and time consuming), and we actually have an additional 1yr renewal option- but once the bank takes over, that won't matter, we'll probably be tossed out like garbage.

I paid first, last, and security ($5,400 total) and have paid 1,800 every month before due date, (even though she's not paying the bank), with the hopes she would renegotiate her mortgage, as she has promised. Since 'short sale' and mort neg. are now off the table (she is too far behind with little to no income, other than us) foreclosure is inevitable.

I was told by rep from Broward Courthouse in Foreclosure Dept. that I can pay my next check to the Clerk at the Courthouse into escrow, since I can't legally pay rent to the bank directly. Will the bank say 'Thanks, now get the *#*!* out !" once they take over, or will they be more willing to honor the lease agreement, and accept our rent payments since we tried to do the right thing? If we start paying the escrow, will we be more likely to get last month and security back, and moving expenses?

[Lilybeans]

Until the foreclosure is final and the bank gets title, the landlord owns the house and you pay rent to the owner. The lawsuit is between the bank and the owner, not you. Your contract is with the owner.

[beachmouse]

At this stage of the game your chance of getting the deposit back lies pretty much in whether the landlord followed FL state law, which states that they are essentially supposed to hold the deposit in a specific escrow account that they cannot mingle with their personal finances:

Statutes & Constitution :View Statutes :->2008->Ch0083->Section 49 : flsenate.gov

If the landlord did set up an escrow account for the deposit properly, then legally you should be able to recover that amount. If they mingled it with their messy personal finances then you're either going to have to sue the landlord or be willing to kiss that money goodbye.

As for monthly rent, the bank doesn't and is not going to be your landlord. They only want to own vacant houses. Keep paying the rent to the current homeowner just like the rental contract says. Whatever the landlord does with the money is their problem, even if it's spending it on strippers and blow instead of mortgage payments.

And then start looking for new places to live when the inevitable happens. The bank might be willing to give you a little wiggle room because it looks bad on the local news when they're evicting someone with a newborn, but you're pretty much stuck relocating at this point.

[Lilybeans]

Hopefully you filed an answer when you were served with the papers. It would help a little.

[DANIADUDE]

Regretably I didn't file within the 20 days, since the landlord told me she had already taken care of the problem, and that foreclosure was the last thing in the world I needed to worry about. I called the attorney for the bank same day, and they said I wasn't involved in the lawsuit at all, and therefore didn't need to respond.

I went to the Courthouse yesterday to establish the escrow and request a hearing, but the Clerk informed me that despite what I had read online, and had been told on "justask.com" that they couldn't accept payment for rent. I went to Wachovia after leaving court and deposited 1,800.00 into an escrow acct.

I returned to courthouse today, and filed a motion to request a hearing so that a judge can determine whether this month's rent (now in escrow) and future rent payments, should be paid to the bank or landlord, in the event of foreclosure, and also asked the judge to consider reimbursement of my last and security, from this fund, plus moving expenses if we are forced to leave before the terms of the lease. I sent carboncopies of the motion to the attorney for the bank, and to the landlord via cert mail.

I'll be the first to admit it's an unorthodox approach, but I beleive in my heart I'm doing the right thing. I've never appeared in court (never been arrested, sued, or been sued) but I know right from wrong. I'm not trying to exploit the situation, and live rent free-- I'm just trying to protect my family while maintaining my dignity and integrity. She will not get one more penny of my hard earned money, period!! Her free ride has come to an end.

[DANIADUDE]

In addition to the pending foreclosure, we have a leaking roof. We noticed the problem when we got our first heavy rain (a few weeks after moving in) and notified the landlord. Her only solution so far is that she intends to sue the roofing company? I included the leaking roof as one of my reasons in the NOTICE to Landlord, and also included it in my MOTION which I filed today-- fixing a roof which leaks is her responsibility as landlord, and rainy season is on the way!

[DANIADUDE]

UPDATE: It's now 6 months later, and we're still here !! I have continued to pay rent into my escrow acct., which now has $10,800.00 and counting. Despite continued personal threats, my landlord hasn't taken any legal steps to evict us, and according to our lawyer (I finally bit the bullet and retained an attorney) we could be here for quite some time, perhaps even a year or more, before the bank will assume ownership and force us to leave. Her realtor 'listed' the house, and found a buyer-- but the bank wants to do a BPO inspection before considering the short sale offer. Because my LL has moved out of the state, and since we're not allowing the inspection to take place (without a court order) it's a dead end for them. My intentions were never to exploit anyone, in fact, I had previously offered to resume making rent payments to LL once my escrow had enough money to recover last, security, and potential moving expenses if we were forced to move before the lease expired. I felt this was more than reasonable, even though we had a renew option, and I had stressed to her and the realtor so many times prior to signing (like a broken record) how bad I hated moving-- just finding a place is a full time job, then you have to change addreess (DL, insurance, credit cards, etc). SHe wasn't even willing to do that.... her response to my proposal was that I didn't have any moving expenses, since I had used my own truck, and had friends help move stuff (they were actually paid employees of mine.) If she had been even a little bit reasonable, she'd be about 6 or 7 thousand dollars richer, with more rent checks to come. I don't feel the least bit of compassion (those days are past) or guilt. She made this bed, not meTHanks to CITY-DATA, I was able to learn about others in similar situations and empower myself... thanks esp. to LAME BEAR and OLD CAPT -- your posts helped me clarify things... you guys are the best !!

[coopjessi]

Thanks for your information. I am kinda in the same situation. We actually have a lease to own option with our landlord. We signed the contract 3 months ago and come to find out he hasn't paid a mortage payment in 7 months. He collected $8000 in a down payment and $1200 a month from us in which $200 of that was suppose to be going into a escrow account (for our downpayment at the end of our 2 year lease when we purchased). So not only did he try to rip us off he frauded the system. The bank just started forecloser procedings so I know we have a lot of time. We are going to start a escrow account for our rent this month till we get our $8600 back. We refuse to pay him anymore money the man should be in jail.