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Old 08-04-2010, 11:44 PM
 
2 posts, read 4,336 times
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Hello, My landlord has'nt paid his mortgage in 22months and i was served with papers 3 times, today was the court date, i did'nt go but i seen on the clerk of courts there is a auction date now on Jan.11th 2011 what should i do? pay him rent til then? i think that is wrong,i had a contract to pay him rent as he was the owner but as of now he is not, but he has came around for the other 3 apartments rent, i told him last month i was living here for my deposit, but what do i do now?
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Old 08-05-2010, 06:56 AM
 
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anyone???
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Old 08-05-2010, 11:44 AM
 
Location: Boston MA, by way of NYC
2,763 posts, read 6,452,184 times
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I am not sure that you can stop paying him but since he technically doesn't own it - I don't know - I think what happens at this point is you need to put the money into escrow and pay your rent to that and if he comes around tell him what you did and that he can take you to court where if you have to produce the money you can or the judge will tell him that he has no right to collect rent on a property he no longer owns. As for the other 3 apartments, I would consider speaking with them and letting them know what you know. Unless of course you don't care what happens to them. But if I were in your situation and my neighbor new I would hope they would tell me just as a courtesy.

I don't know how legal what I am telling you is. I do not know Florida State laws in this regard but, I can tell you that paying the rent to an escrow account show that you have good faith to pay and when you esplain what you found to the judge - he will either say pay or move.

I have heard that Banks no have to honor Leases - does anyone know if this is true. Supposedly, this law was passed because of the foclosure disaster that is basically throwing families out on their tush.

Good luck either way!
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Old 08-05-2010, 12:01 PM
 
11,642 posts, read 22,668,771 times
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Quote:
Originally Posted by dom6 View Post
Hello, My landlord has'nt paid his mortgage in 22months and i was served with papers 3 times, today was the court date, i did'nt go but i seen on the clerk of courts there is a auction date now on Jan.11th 2011 what should i do? pay him rent til then? i think that is wrong,i had a contract to pay him rent as he was the owner but as of now he is not, but he has came around for the other 3 apartments rent, i told him last month i was living here for my deposit, but what do i do now?
As of now he still owns the property. If it is auctioned off on January 11, 2011 then he will not own it on that day. If he pays it off before then he will still own it. If your contract is with him you probably still have to pay him rent. His failure to pay his mortgage does not absolve you of your contract with him. It doesn't matter if you think it's wrong.

Florida law requires him to take your deposit and put it into an escrow account. You should ask him if he did that. You want your deposit protected. It would be a good idea to consult with a real estate attorney.
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Old 08-05-2010, 12:06 PM
 
141 posts, read 385,175 times
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1. Go to Broward County Property Appraisers site -
Broward County Property Appraiser's Network
Do a search and verify that the bank owns it. If so your contract is not with the bank i.e. you don't owe them rent. Be prepared to get out in the near future though.

2. If the bank is NOT the listed owner and the landlord still is your contract is still in effect UNLESS the property is governed by an HOA/Condo Association. In which case rent is paid to them. If he hasn't been paying mortgage he probably hasn't been paying association fees. If they do not receive "rent" they have the legal right to evict you.

Hope this helps.
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Old 08-16-2010, 03:46 AM
 
5 posts, read 9,256 times
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dom6,

Sorry to hear about your situtation. I say keep the money but be prepared to move! Even though your under contract you will have all the headache and cost of moving on short notice due to the owner being foreclosed on.



Quote:
Originally Posted by Raffeer View Post
2. If the bank is NOT the listed owner and the landlord still is your contract is still in effect UNLESS the property is governed by an HOA/Condo Association. In which case rent is paid to them. If he hasn't been paying mortgage he probably hasn't been paying association fees. If they do not receive "rent" they have the legal right to evict you.
Raffeer,

Can you expand on your #2 comment? Does the HOA take priority over the bank backing the loan went it comes to foreclosures? Where can I educate myself further on matters like this?
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Old 08-16-2010, 06:44 AM
 
141 posts, read 385,175 times
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Kid
Take a look at Sec. 718.116, Florida Statutes.
This statute became effective 7/1/10 and states, among other things, that if the owner of the unit owes the association money the Association may demand that rent be paid to them (NOT the owner) until the Association "'releases" the tenant from obligation. The tenant will NOT incur any obligation to the owner i.e. will not be subject to eviction by owner. The tenant IS under obligation to the Association and they (the Association) now have the power to evict.
FWIW it's worth this effects both HOA's and Condo Associations.
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Old 08-16-2010, 07:42 AM
 
Location: pompano
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If you are trying to use your deposit for the last month's rent then you breaking the lease, not the landlord.

It all depends on your lease. The lease still has to be honored no matter who owns it. The bank does not own the property as of the auction date. They will probably be the ones to buy it at auction because of the unrealistic price and then there is a court date and then they are required to wait almost another month before it can be recorded. The bank does not legally own the property until it is recorded. There have been many cases where there was no timely recording and the properties are vacant which allows the bank to go in and prep for sale etc with no one to object.

You must pay rent to the owner at least until then or the bank can start eviction process immediately upon legal ownership. They will most likely send someone out to bluff you into leaving (real estate agent). Tjhey can't and must go thru the courts for eviction. If your lease is over, then there is a federal law that may apply that gives 3 months rental extention. It's really up to the individual judge as to whether your initial summons constituted notice of termination of your lease.

On the realistic side, the banks are offering buy outs to move. You might be able to get several months rent from them for leaving immediately.
If you can get away with using the deposit as last month rent and will move at that time, do it and avoid the mess.

I believe for the above mentioned staute to be in effect for the assoc, you will have to be first given legal notice to pay them rent before they can proceed.
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Old 08-16-2010, 08:30 AM
 
11,642 posts, read 22,668,771 times
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There is a lot of erroneous information in this thread. The OP really needs to consult with a lawyer. I do not believe it is true that ownership transfers upon RECORDING. I think that ownership transfers when the deed is transferred. A lawyer should be able to clarify that for us.

Right now the same person owns the property as before. The OPs contract is with that person. IF ownership is transferred via auction that is scheduled to happen in January 2011 so the OP should have plenty of time to get out should he need to do so.
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Old 08-16-2010, 08:31 AM
 
11,642 posts, read 22,668,771 times
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Quote:
Originally Posted by Raffeer View Post
Kid
Take a look at Sec. 718.116, Florida Statutes.
This statute became effective 7/1/10 and states, among other things, that if the owner of the unit owes the association money the Association may demand that rent be paid to them (NOT the owner) until the Association "'releases" the tenant from obligation. The tenant will NOT incur any obligation to the owner i.e. will not be subject to eviction by owner. The tenant IS under obligation to the Association and they (the Association) now have the power to evict.
FWIW it's worth this effects both HOA's and Condo Associations.
The association MAY demand it. So far the OP has not said that he has received any demand letters.
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