Real Estate Brokers (short sale, foreclosure, lease)

[Jeanne Dominguez]

We r in the middle of our landlord being forclosed on the house that we have lived in for 9 years.It is our home and we expected him to keep the part of his agreement that when we paid rent he paid our rent with the money we sent him,so now where is our situation being he was not concerned about our welfare and illegally took money from us to keep a roof over his head and screw us.Now we must continue to pay him pocket money or we will be evicted!!! How dare he be such a ruthless and selfish person.Now it will cost us money to find out legally what our situation will end up being.There must be a law that protects the tenant and not the landlord while he is pocketing our money that he should have to pay.Why can"t we pocket the money he owes us for breaking our agreement?We also want to purchase this house and do not know where to start as I think the money he is stealing from us should automatically go into a deposit for our downpayment on this house. I also believe we should get first offer for this house. Laws are changing for all the poor people in forclosure what about the tenants that will be evicted for being good faithful tenants.Does anyone know anywhere we can get some help without being taken advantage of. Help the Honest People. Thank You

[sjnative]

You might be able to receive free legal counsel, aka pro bono lawyer advice. You'll have to see where it's availabe in your area. You can start by checking the American Bar Association's web page, "pro bono" can be one of your search terms.

[Jeanne Dominguez]

Thanks for reply.We got a message from our landlord today that said he would sell this house to us for 129,00 and the house is not worth that ,the problem is he owes 112,00 thousand but it needs a new roof and windows all around.In 9 years he has not done anything to keep up the repairs other than nailed some shingles back on that were torn off.It would be a great fixer upper but not for what he is asking.So we will continue to look for a Real Estate Broker that knows something about obtaining this home as is. Thank You

[Nell Plotts]

Check with the Oregon Bar Assn. if you are in Oregon.

[Sarcastic_Twit]

I am not a lawyer, and I hate to say it, but you don't have any rights here except to sue him after you move out, IF you have a current lease. Thankfully I haven't been in this exact situation, but I know a little about landlord tenant rights from the landlord side of things.

First off, you want a SHORT SALE NEGOTIATOR, not a real estate agent. A short sale negotiator is someone that can deal with the bank, the seller (landlord), and the buyers (you). You cannot trust the landlord anymore, period. If he/she is not honest, you might already be facing eviction from the bank and not know it. He/she may have multiple liens on the property and you aren't aware of until too late. A short sale negotiator may be from the real estate office, an attorney, or someone from the title company.

Second, be prepared to move right away. As long as you stay in the rental, you are obligated to pay rent. Since he/she told you the foreclosure status, that breaches the "quiet enjoyment" clause in nearly every lease. Plus the repairs needed are the landlord's responsibility so that adds to your case. I would find it hard to sleep at night, worried about the next knock on the door. Take pictures of the roof and windows.

A short sale can take a while, 3-6 months and they fall through quite frequently. You'll need to pay for an appraiser, but that will only help your cause with the bank.

Again, don't negotiate with the landlord anymore. You will only lose more money.

Good luck!

[philwithbeard]

Jeanne:

You're out of luck. Move.

Based on the information you provided, Move. I agree with Sarcastic_Twit, you no longer have a reason to have any confidence in your landlord's being willing or able to carry out, conform, or execute any verbal business promise or agreement.

Again, based on the information you posted, you're going to end up moving, or face a huge rent increase with the new owner's to cover the repairs.

This may be painful, stressful, and very upsetting if you have lived in your home for a long time. I do offer my sympathies.

Phil

[ksucher]

[SIZE=3][SIZE=3][LEFT]SB 952, SB 628, HB 3004 & Federal Law 111[/SIZE][/SIZE][SIZE=3][SIZE=3]‐[/SIZE][/SIZE][SIZE=3][SIZE=3]22 “Protecting Tenants at Foreclosure Act of 2009” – Right of
Tenants in Foreclosed Properties[/LEFT]
[/SIZE][/SIZE][SIZE=3][SIZE=3][LEFT]Tenants living in properties subject to foreclosure have received substantial press lately and consequently there
are several remedies concocted by state and federal officials. SB 952 provided tenants living in homes that are
being foreclosed will get advance notice of the foreclosure proceedings detailing their rights. Tenants wouldn’t
be evicted by the Purchaser until the Purchaser owns the property. Federal law now allows a 90 day notice to
the tenant after foreclosure sale. In the case of a written tenancy, the tenant is entitled to occupy the property
through the end of the fixed lease period. Exception: If a property is sold to a purchaser who intends to live in
the home as a primary residence, only 90 days notice is required.
SB 952 also allows the tenant to apply any prepaid rent or paid security deposit toward rent obligation once
notified their dwelling unit is in foreclosure, as long as the tenant notifies the landlord.[/LEFT]
[/SIZE][/SIZE][SIZE=3][SIZE=3]Effective date: [/SIZE][/SIZE][SIZE=3][SIZE=3]August 23, 2009
[/SIZE][/SIZE]