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Old 11-29-2008, 06:27 PM
 
Location: Somewhere in TN
709 posts, read 1,702,840 times
Reputation: 772

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I don't see any problem at all with withholding her rent until whatever she paid the landlord (first and last plus security deposit) is in a separate account. That minimizes her exposure and if she had to explain and document that to a judge, given the situation and her very large risk of being evicted due to foreclosure (if she's been named as a party to the foreclosure--is that what the serving of those papers was that she mentioned), I think most judges would see it as reasonable. Then if the situation drags on longer than that, she can start paying rent again. It might not be legally advisable, but if she finds herself evicted because the landlord stopped paying the mortgage, what are the chances she can get back her deposit and 1st and last month's rent (or whatever money the landlord is holding that she would be entitled to get back)? Most renters don't just have that kind of money sitting around, and if she had to come up with it again, she might face a real possibility of living with her kids in a car or something. She really does need to protect herself for the practical reality of what's probably about to happen. It's not like the freaking LANDLORD is some kind of upstanding citizen here. I mean, really. I think defending him is sort of ridiculous. He's clearly not meeting his obligations and it's not HIM who will end up on the street. It's this lady, and her children, through no fault of her own. If she does get evicted, is there really much chance at all that she can be made whole even if she takes the guy to court and gets a judgment? This is a man who is letting his property be foreclosed on. A judgment for several thousand dollars isn't going to even make him blink, and he likely won't pay until forced to clear things up sometime in the future when he wants another loan and someone is dumb enough to give him one.

I just don't really see the moral problem with this woman protecting her interests by withholding the rent such that she won't have to worry about collecting what's due her from this deadbeat. If he comes through and takes care of the foreclosure (which doesn't seem very likely), then she can get up to date on her rent right away if she puts it in a separate account. We are probably talking 2 months' worth of rent, right?

Good luck to those of you in this untenable position.
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Old 11-29-2008, 06:38 PM
 
10 posts, read 34,886 times
Reputation: 13
Quote:
Originally Posted by Bucca1 View Post
I signed a 1 year lease agreement in August to move into a house on Oct. 1st. Last week I got a copy of a foreclosure notice addressed to my landlord stating that he is in danger of losing the house. Here's the best part- the letter was originally dated for AUGUST!
My boyfriend called the law firm filing the foreclosure- they couldn't tell us much except that they haven't heard from my landlord at all and that they house was in foreclosure and out of the lenders hands.
I addressed my landlord about the letter- at first he refused to tell me anything, then said that he was trying to work something out with the bank. Then 2 days ago he "updated" me and said that he is selling the house and that we a secure through Feb 09.
I just want to leave! Whats the point of unpacking anything at this point? AT most he can "promise" us 3 months. If the house sells before Feb...we'll probably have to move. If it doesn't...it goes up for auction...and we have to move. Besides that my boyfriend is supposed to be having a surgery within the next month or so and the recovery time is a minimum of 3 weeks! Our luck- the house will sell and we would have to move while he should be resting.
We've already spent a good deal of $ between the security deposit and rent for last month. Odds are that our securit deposit is spent and never to be seen again. I'm heartbroken, angry and confused as to what to do. Do we stay and dread coming home everyday knowing that anyday we could have to leave? Or do we up and leave and deal with the possibility of the landlord being a bigger jerk than he already is and taking us to court?! Do I have any rights here? Is the landlord in breach of our contract b/c we signed a year lease and he admits that the duration of our stay is not certain? Our lease says that the terms can't be changed.
HELP ME PLEASE SOMEONE!
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Old 11-29-2008, 06:52 PM
 
10 posts, read 34,886 times
Reputation: 13
Default Try this.

You don't say what state or town you're in.
Be ready to move on a moments notice, but if you like the place you are in try making a deal with the foreclosure people or the lender. Your landlord knew all about the forclosure before you moved in and took your money. That in my book is called fraud, and I would not feel obligated to him/her in any way.
If you don't want to purchase the property, best get movin' while the moving is good. If you do move I would at least take the landlord to small claims court.
You got 'took', no doubt about that, but I would not let the crook get away with it.
Sorry, best I can come up with right now.
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Old 07-24-2009, 05:41 PM
 
Location: Dania Bch, FL
15 posts, read 41,446 times
Reputation: 23
Hopefully you're still there. Same thing happened to us, we moved in Oct 1 '08 then got the summons one week later-- then paid rent thru Jan. On Feb 1st I started paying my escrow (at Wachovia) and I have 6 months rent there already. I finally bit the bullet, and hired an attorney. He says that since the LL hasn't yet filed for eviction (which cost $.. she is broke since I cut her off, and she doesn't work AND spends alot on RX painpills and zanax) it might take another full year or even longer before the bank will take possesion and force us out. If your LL is a deadbeat like mine (he or she sounds every bit as calculating and untrustworthy as mine) don't pay them anything and don't go anywhere--- I don't feel the least bit sorry for my LL, she made this bed, not me... I'm just playing the cards I got dealt.
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Old 07-24-2009, 07:00 PM
 
5,264 posts, read 8,048,977 times
Reputation: 3464
Quote:
Originally Posted by DANIADUDE View Post
Hopefully you're still there. Same thing happened to us, we moved in Oct 1 '08 then got the summons one week later-- then paid rent thru Jan. On Feb 1st I started paying my escrow (at Wachovia) and I have 6 months rent there already. I finally bit the bullet, and hired an attorney. He says that since the LL hasn't yet filed for eviction (which cost $.. she is broke since I cut her off, and she doesn't work AND spends alot on RX painpills and zanax) it might take another full year or even longer before the bank will take possesion and force us out. If your LL is a deadbeat like mine (he or she sounds every bit as calculating and untrustworthy as mine) don't pay them anything and don't go anywhere--- I don't feel the least bit sorry for my LL, she made this bed, not me... I'm just playing the cards I got dealt.
At this point, what makes you any better than your landlord?

Apparently, you're BOTH not paying your bills.

(Not advocating continuing to pay rent to a landlord who's not paying the mortgage ... but Lord, doesn't anyone have the moral obligation to do the right thing anymore? Or is everyone looking for a free ride?)
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Old 07-24-2009, 08:09 PM
Status: "October is the eighth month" (set 20 days ago)
 
Location: Just south of Denver since 1989
10,677 posts, read 28,495,910 times
Reputation: 6842
I agree with Chuckity.

You signed a contract for the landlord to provide you with a residence. You have one. You should pay for it.

The owner signed a contract with the mortgage company.

I am pretty sure your momma told you that two wrongs don't make a right.
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Old 07-24-2009, 08:10 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 32,491,985 times
Reputation: 2661
Quote:
Originally Posted by Chuckity View Post
At this point, what makes you any better than your landlord?

Apparently, you're BOTH not paying your bills.

(Not advocating continuing to pay rent to a landlord who's not paying the mortgage ... but Lord, doesn't anyone have the moral obligation to do the right thing anymore? Or is everyone looking for a free ride?)
What would you have him do with it. He has been escrowing it. I would think the bank could ask for it or the LLs bankrupt estate if it goes that way. There is however no way I would give it to anyone who did not have a court order.

On what theory of the law do you hold that he has a positive duty to find someone to give it to?

It appears some of you believe one must suffer reguardless of the outcome...

You guys amaze. You seem to insist that everyone lose....
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Old 07-24-2009, 08:23 PM
 
5,264 posts, read 8,048,977 times
Reputation: 3464
Quote:
Originally Posted by olecapt View Post
What would you have him do with it. He has been escrowing it. I would think the bank could ask for it or the LLs bankrupt estate if it goes that way. There is however no way I would give it to anyone who did not have a court order.

On what theory of the law do you hold that he has a positive duty to find someone to give it to?

It appears some of you believe one must suffer reguardless of the outcome...

You guys amaze. You seem to insist that everyone lose....
I think he has a moral duty to find a place to live that he actually pays for.

And no, I don't insist that everyone must lose - but the seemingly ever rising sense of lack of personal responsibility & sense of entitlement that more and more people seem to possess is just, well, irritating.

Remember when people used to do the right thing just for the sake of it being the right thing to do?

The right thing would be to move out and move on.
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Old 07-24-2009, 09:31 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 32,491,985 times
Reputation: 2661
Quote:
Originally Posted by 2bindenver View Post
I agree with Chuckity.

You signed a contract for the landlord to provide you with a residence. You have one. You should pay for it.

The owner signed a contract with the mortgage company.

I am pretty sure your momma told you that two wrongs don't make a right.
But you know that the LL cannot fulfill the contract....

Hey we need a legal beagle...If it becomes impossible for one side of a contract to actually fulfill its term is the breach when the signee fails to perform or when it becomes clear they cannot?

Interesting case in Vegas where the bank claimed the borrower would be unable to complete the contract and therefore they did not have to lend the agreed money...was the bank wrong?

I suspect the legal beales response is what does the contract say. And the contract does not speak to the point or speaks ambiguosly.

Hmm if a thing is not mentioned in the contract do you read it against the one who wrote it?

Fun and Games with contracts...
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Old 07-25-2009, 09:03 AM
 
Location: Dania Bch, FL
15 posts, read 41,446 times
Reputation: 23
I repeated myself so many times before signing the lease, I sounded like a parrot... "My wife loves the place, as long as we don't have to move, I love it too, I just don't want to move again, not with the kids". She lied to my face and took my $5,400.00 (1st, last, security) knowing full well she had no intention of paying the bank. Her plan would have worked fine, except we got the summons instead of her (1 week after moving in). No wonder she was trying so hard to get an ADDITIONAL 2 week delay on our move-in date (even though my wife was 7 months pregnant and we were already packed). She really wanted that summons. I continued to pay rent thru Feb-- believing the lies, and hoping she could turn things around, but you have to draw the line somewhere... I cannot afford to be one of those people I've read about who have their lives turned upside down, with no recourse other than to sue a deadbeat landlord. When I proposed the escrow acct. idea to her, I made an offer to her that once I had enough in escrow to recover last, security, and moving expenses, I would resume rent payments if she was still the owner. It was a very sincere and reasonable offer, and even though I would 'break even' financially, it would have been a huge loss. Just finding a place alone is a full time job, not to mention the moving itself. She was not only unwilling to negotiate, she continued to be threatening. Her bully tactics didn't work though, just made me more determined to protect my family. I don't feel the least bit of compassion for her, those days are gone. I don't have any guilt whatsoever, sitting right here rent free as long as we can. We didn't ask for this. I tried to be as reasonable as I could be at every step of the way, but don't ask me to load the gun for you or sharpen your blade. I'm a good person, never been arrested, never sued anyone, or been sued.. I work hard, pay taxes... don't judge me until you have walked in my shoes.
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