The condo we rented is in foreclosure??? (house, foreclosed, legally)
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So all of that "How can they do that?" outrage is just so much theater
to give you some cover while you manipulate to benefit your own motives?
Gotcha; well, good luck with all that.
That I might find an opportunity in all this doesn't make it any less wrong of them to rent us a place they know is in foreclosure without telling us that. I believe the legal term for that is "material omission." Anyway you should be happy you got a jab in. Feel better now?
That I might find an opportunity in all this doesn't make it any less wrong of them to rent us a place they know is in foreclosure without telling us that. I believe the legal term for that is "material omission."
You have a remote chance of winning damages only if you can prove that the landlord knew when entering into a lease agreement with you that the property was already under foreclosure. If he thought it might be foreclosed upon when he entered into a lease with you, that's not good enough. The only damages you would be entitled to if you prevailed in such a suit (and obviously this would only apply if you were forced to leave before your lease end date) would be moving costs and possibly any additional rent you would have to pay in a comparable rental and only for the duration of your existing lease term.
So who has been collecting and pocketing your Rental Fee's? Find out who owns the Mortgage..and advise them of your situation and tell them to go after the Management of Complex for recoveries of that money
Unless the PM is the owner/holder of the mortgage, the lender isn't going to talk to them about anything. The PM is there to manage the property, collect rent and forward it on to the owner. Once the owner gets it, its up to him to pay his mortgage.....not the PM
...then ask them If you are required by law then to continue paying this rent??
Yes, they have to pay rent until their lease expires, they break lease or they are given 'cash for keys'. If the tenant decides to get cheeky and not pay rent, they will find themselves facing eviction for non payment of rent. The landlord, who still owns the unit, can and will evict for non payment of rent. The landlord not paying his mortgage has nothing to do with the tenant not paying their rent. And the judge will side with the landlord...the foreclosure doesn't matter to the judge...you're in court about your non payment.
Doesn't seem fair, but it is what it is and it's a risk you take when renting a home here in S Florida. The foreclosures have slowed down a bit, but it's a daily thing around here.
Maybe offer to purchase Condo (If you like it) after foreclosure proceedings are complete....Make a list of question before you call whomever the financial people are...Good luck!!
Trust me, there are ppl already bidding on this property and it will be sold before the ink dries on the court order. S Florida real estate is hot for investors and those with capital. If he wants it, he needs to act now and not wait.
Do you actually like the Condo??
Good luck..just don't try and screw the landlord over. While he didn't pay his mortgage, you still had a roof over your head so keep paying your rent until you get a notice to vacate.
That I might find an opportunity in all this doesn't make it any less wrong of them to rent us a place they know is in foreclosure without telling us that. I believe the legal term for that is "material omission." Anyway you should be happy you got a jab in. Feel better now?
Why didn't you check the property before renting?
Anyone with half a brain moving/living in S Florida checks the status of the property before signing on the dotted line. S Florida broke foreclosure records and it was all over the news so unless you were living under a rock, you knew the risk you were taking.
And sorry, but its seems like your goal is to break the lease penalty free...can't see how that can happen.
Good luck and I suggest you research before signing your next lease
Good luck..just don't try and screw the landlord over. While he didn't pay his mortgage, you still had a roof over your head so keep paying your rent until you get a notice to vacate.
Very true. It doesn't matter what the landlord is doing with the monies, the OP has a place and is living in it. Only issue is that instead of December when the lease ends, it might end in August. At least the OP has notice and can prepare for it NOW instead of in only 30 days.
If you are unhappy living though there OP, you can try contacting the landlord and asking if you can move now without penalty.
That I might find an opportunity in all this doesn't make it any less wrong of them to rent us a place they know is in foreclosure without telling us that. I believe the legal term for that is "material omission." Anyway you should be happy you got a jab in. Feel better now?
I believe you are not understanding the foreclosure process. Just because the property is scheduled for an auction does not mean the owner can't resolve the mortgage issue with the lender. That is why when the federal foreclosure protection law existed, you were still required to make your rent payments in order to be protected. Once you stopped payment (for whatever reason you come up with) you threw away the protections.
You are currently with a roof over your head and you have to pay for that roof, if you stop paying the rent, you are the same as the owner!
Yes, you should still continue to pay the rent. I can't say I blame the OP for wanting to find a positive in the situation. I'm not saying that she should break the law or her lease, but if she is unhappy living there and is given a legal option to break the lease, then I can't see why anyone would be upset with her about that. These situations are a big pain to deal with -- I know because I've been there and done that -- and if there a silver lining for the person who's caught in the middle of it, then hey.
Yes, you should still continue to pay the rent. I can't say I blame the OP for wanting to find a positive in the situation. I'm not saying that she should break the law or her lease, but if she is unhappy living there and is given a legal option to break the lease, then I can't see why anyone would be upset with her about that. These situations are a big pain to deal with -- I know because I've been there and done that -- and if there a silver lining for the person who's caught in the middle of it, then hey.
It isn't the landlord's fault that the OP isn't getting along with their roommate. But of course the OP should explore their options in seeing if they can be let out early, legally.
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