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Old 04-28-2009, 10:25 AM
 
2 posts, read 9,705 times
Reputation: 10

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UGH, back in Dec my landlord was getting a process server trying to deliver notice of default papers to my rental here in largo...he lives in Orlando. He claimed at that point not to worry as he was "takin care of it". Yesterday, a server came and delivered to me lis pendens addressed to him and unknown tenant. The address the court has for him is not valid so my question is, the summons state we have 20 days to file a written response from the day which this was served... 1) how do I know if my landlord was served these papers too, he won't talk to me....I have checked property appraiser web site and tax collector site but no where can I see anything about Lis Pendens being served and I have no idea where it would even say this. 2) If he was not served do I still have to give a response as indicated on my summons? and do I have an "immediate" worry if he was not served yet 3) does anyone know the time frame in which the courts are running right now with these proceedings?
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Old 04-28-2009, 10:28 AM
 
9,659 posts, read 11,815,535 times
Reputation: 14922
Quote:
Originally Posted by J O'Donnell View Post
UGH, back in Dec my landlord was getting a process server trying to deliver notice of default papers to my rental here in largo...he lives in Orlando. He claimed at that point not to worry as he was "takin care of it". Yesterday, a server came and delivered to me lis pendens addressed to him and unknown tenant. The address the court has for him is not valid so my question is, the summons state we have 20 days to file a written response from the day which this was served... 1) how do I know if my landlord was served these papers too, he won't talk to me....I have checked property appraiser web site and tax collector site but no where can I see anything about Lis Pendens being served and I have no idea where it would even say this. 2) If he was not served do I still have to give a response as indicated on my summons? 3) does anyone know the time frame in which the courts are running right now with these proceedings?
Just call the county clerk. My son was in a rental that was served but it didn't affect him. That being said, he was moving out anyway about three months later. They explained the thing to him when he called. If the service includes a john doe tenant you have to "care" but the county clerk will explain what you have to do.

Probably it's to your benefit to file an answer (if that's the procedure) which will possibly delay any eviction, so I wouldn't ignore it.

I believe there is a backlog since there was a moratorium on foreclosures until January but they are in full force now.

You can also call the sheriff since they are the ones who actually do the "eviction". some of them are refusing to evict renters since they're so sick of it.
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Old 04-28-2009, 10:43 AM
 
2 posts, read 9,705 times
Reputation: 10
but if he was not served the same papers as I my 20 days has not begun yet, correct?
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Old 04-29-2009, 01:06 PM
 
Location: Tejas
259 posts, read 895,080 times
Reputation: 203
Did you get served or did your landlord get served at the address where you live? That is, did you accept service of paperwork directed at you or at the landlord at that address because they didn't have another address for him?

If you are named in the paperwork, you need to respond or you can be held accountable. If it's addressed to the landlord, I'd call the attorney or bank agent who processed the lis pendens and tell him what you know about how to contact the landlord. Surely you have an address where you send the rent?
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Old 04-30-2009, 12:48 AM
 
3,283 posts, read 4,346,204 times
Reputation: 747
Quote:
Originally Posted by runswithscissors View Post
Just call the county clerk. My son was in a rental that was served but it didn't affect him. That being said, he was moving out anyway about three months later. They explained the thing to him when he called. If the service includes a john doe tenant you have to "care" but the county clerk will explain what you have to do.

Probably it's to your benefit to file an answer (if that's the procedure) which will possibly delay any eviction, so I wouldn't ignore it.

I believe there is a backlog since there was a moratorium on foreclosures until January but they are in full force now.

You can also call the sheriff since they are the ones who actually do the "eviction". some of them are refusing to evict renters since they're so sick of it.


i'd probably take the advice above. i'd probably also stop paying my rent. if the landlord isn't talking to you, that might wake him up. if it doesn't, great stuff, free rent for a few months before you have to get out. what puzzles me is why the lender always insists on kicking the renter out. they have tons of vacant inventory which just isn't selling. why wouldn't they just continue to collect rentals?
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Old 04-30-2009, 09:07 AM
 
Location: Sarasota, Florida
807 posts, read 2,643,182 times
Reputation: 698
Once they become landlords, a whole new set of rules apply. As lenders, they aren't set up to deal with rent collections, taxes or maintenance issues.
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Old 04-30-2009, 01:21 PM
 
23,275 posts, read 34,393,080 times
Reputation: 11768
Quote:
Originally Posted by 58robbo View Post
i'd probably take the advice above. i'd probably also stop paying my rent. if the landlord isn't talking to you, that might wake him up. if it doesn't, great stuff, free rent for a few months before you have to get out. what puzzles me is why the lender always insists on kicking the renter out. they have tons of vacant inventory which just isn't selling. why wouldn't they just continue to collect rentals?
Careful it can be a costly advise. By law (and no judge will agree with you) a tenant has nothing to do with how the LL spend the money. Neither will the tenant be responsible to pay for the mortgage.

I agree that a LL who rents out a place and isn't paying his mortgage and is still renting out the place...is a scumbag and using other people which should by law be a crime.


It can cost you your credit score if the LL will report you or take you to court, you will get a judgment against you and have to pay interest...it is the law
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Old 12-29-2010, 05:55 PM
 
Location: Highlands County, Fl
3 posts, read 5,666 times
Reputation: 11
Wink Info for Tenant w Owner as Landlord

Information on Internet: May 2009 Presiident Obama signed new law"Helping Families Save Their Homes Act" which changed the ruels. Leases will survive foresclosure, tenants cannot be evicted. If new owner to occupy than a 90 day notice. If month to month , can be terminated with proper notice after foreclosure with 90 day notice.

Even if the lease or rental agreement can be terminated with the notice above. New owner of property must follow state eviction procedure to remove tenant.

Some new Owners or the Lender( In Trust) will accept CASH FOR KEYS. If Lender or new owner wants you out sooner may give you one months rent and security deposit to get you out for keys. OR give you 90 days.

Tenant should continue to pay rent on time to Landlord. When foreclosure complete Trustee sale or new owner or bank entitled to rent payments. You need cancelled checks or rent receipts showing you paid rent.

If served with summons, tenant who wishes to remain in pocession must file both appeal and motion to stay.

This is info on Internet. I hope this helps alittle.

Last edited by nreyburn; 12-29-2010 at 05:58 PM.. Reason: corrected spelling
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Old 12-29-2010, 06:15 PM
 
Location: FL
687 posts, read 1,419,528 times
Reputation: 1052
These posts are over a year old????
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