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Old 02-04-2011, 10:38 PM
 
Location: SoCal
681 posts, read 2,799,675 times
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Quote:
Originally Posted by Sawdustmaker View Post
Try this:
Assessor/Recorder/County Clerk

I don't know what it will provide, but you can search on liens.

Thanks for the link. I looked up the LL and low and behold there is a default notice from a mortgage company for earlier this year. I have ordered a copy of the notice and should be getting it shortly in the mail.

Judging from this, I think there definately is something fishy happening.

I wanted to get a hold of the landlord to try to fix the stove in the rental. As one of the posters suggested, I may go ahead and ask him to fix it and see what he says about it.
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Old 02-04-2011, 10:47 PM
 
5,696 posts, read 19,136,991 times
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Quote:
Originally Posted by mricu View Post
Thanks for the link. I looked up the LL and low and behold there is a default notice from a mortgage company for earlier this year. I have ordered a copy of the notice and should be getting it shortly in the mail.

Judging from this, I think there definately is something fishy happening.

I wanted to get a hold of the landlord to try to fix the stove in the rental. As one of the posters suggested, I may go ahead and ask him to fix it and see what he says about it.
Trust your good instincts. You might be able to contact your local city hall to see if water bills or taxes have been paid on the property. Smells fishy to me too. Sorry you are in this situation. I do not know California law but in the state of MI there is a 6 month redemption period where the homeowner has that time frame to try and sell the house or make some sort of arrangement. Add another 3 months of complete default then you are looking at a 9 month process if that process is speedy. More than likely with everything going on, it won't be. Good luck and keep us posted.
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Old 02-04-2011, 11:38 PM
 
Location: 2nd state in the union...
2,382 posts, read 4,590,155 times
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Quote:
Originally Posted by fallingwater View Post
Junk mail is not delivered by Fed Ex.
I have to respectfully disagree with this. Maybe not junk mail, per se...but unsolicited mail is most definitely sent via FedEx. Earlier this week we got pamphlets and product information for something that we did not request. Personally, I think it's foolish for anyone to send what is essentially junk mail via FedEx (postal mail is much cheaper) but it does happen.
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Old 02-04-2011, 11:44 PM
 
5,696 posts, read 19,136,991 times
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Quote:
Originally Posted by wigirl920 View Post
I have to respectfully disagree with this. Maybe not junk mail, per se...but unsolicited mail is most definitely sent via FedEx. Earlier this week we got pamphlets and product information for something that we did not request. Personally, I think it's foolish for anyone to send what is essentially junk mail via FedEx (postal mail is much cheaper) but it does happen.
wow, how weird. Do you own a business? Or have some sort of affiliation with a business or other organization? I agree, seems foolish and expensive. In the OP case though, sounds like a foreclosure and she has found evidence of default of some sort.
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Old 02-04-2011, 11:53 PM
 
Location: 2nd state in the union...
2,382 posts, read 4,590,155 times
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Quote:
Originally Posted by fallingwater View Post
wow, how weird. Do you own a business? Or have some sort of affiliation with a business or other organization? I agree, seems foolish and expensive. In the OP case though, sounds like a foreclosure and she has found evidence of default of some sort.
Sorry, I meant to say in my post that we got the FedEx package at work But you're right, sounds like it was legit in this case!
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Old 02-05-2011, 11:17 AM
 
Location: Kansas City North
6,814 posts, read 11,531,564 times
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I believe when dealing with foreclosures they send notices to every possible address they have including owners' mailing address and the property address. The letter from the attorney is probably from one who trolls the courthouse records looking for foreclosure notice filings (lis pendens, etc.)
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Old 02-05-2011, 11:51 AM
 
Location: SoCal
681 posts, read 2,799,675 times
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Quote:
Originally Posted by Okey Dokie View Post
I believe when dealing with foreclosures they send notices to every possible address they have including owners' mailing address and the property address. The letter from the attorney is probably from one who trolls the courthouse records looking for foreclosure notice filings (lis pendens, etc.)
Yep, just got another one in the mail today and the envelope wasn't sealed but hand addressed. On the outside it had the lawyer's name and what they specialize in (foreclosures) but it also said "Advertisement" as well.

The letter was addressed to "current property owner" and mentioned that public records indicate that you have a property going through foreclosure procedures ... blah blah blah ... we would like to be your attornies because we have blah blah experience.
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Old 02-05-2011, 11:57 AM
 
5,696 posts, read 19,136,991 times
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Quote:
Originally Posted by mricu View Post
Yep, just got another one in the mail today and the envelope wasn't sealed but hand addressed. On the outside it had the lawyer's name and what they specialize in (foreclosures) but it also said "Advertisement" as well.

The letter was addressed to "current property owner" and mentioned that public records indicate that you have a property going through foreclosure procedures ... blah blah blah ... we would like to be your attornies because we have blah blah experience.
When is your lease up? I believe if you look at Foreclosure Real Estate Listings | RealtyTrac it shows homes that are in pre foreclosure and foreclosure status. There is a fee but you get a free 7 day trial. Years ago I joined to keep an eye on good deals for sale. But I think it is apparent the home is in foreclosure or very close.
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Old 02-05-2011, 04:10 PM
 
Location: Boise, ID
8,046 posts, read 28,464,975 times
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Quote:
Originally Posted by mricu View Post
So we are in a situation where we have been getting letters for our landlord from a Bank and a local lawyer with the words "Important Documents Regarding your Mortgage" and to that effect.

The Bank's letters usually arrive by Fed/Ex or UPS and is left at our door and the lawyer's letters are usually in our regular mail. What is weird is that we don't get any other mail addressed for our landlord at our property.

The first time we got these letters, we let the landlord know that there was letters addressed to them from a bank and lawyer. The landlord thought we signed for the letters, when it was really just left at our door or in our mailbox, and got a bit upset and told us to return it to the sender.

So we got another lawyer's letter today and we will be putting return to sender on it, but on the front it says something about "Your foreclosed property."

What exactly should we as renters do in this situation?

Is there a database we can search to see if the property we are renting is the property that may be being foreclosed?

If the landlord is not paying his mortgage, I certainly don't want to keep paying him rent since I may be kicked out at a moments notice (is that even possible?)

We don't want to approach our landlord about this because of their reaction the first time we got these letters. Of course, this may be us over reacting, and maybe it can be regarding another one of the landlord's property (I don't know if they have any other properties).

Any input is appreciated, especially from those that have been through this situation. We live in San Diego California.
First of all, in some states (maybe all, don't know for sure), it is required to post any sort of notice of default on the front door of the property, so that the OCCUPANT is aware of what is going on. That is possibly what is being delivered to the house. It is also possible that the owner is trying to refi...those documents are often sent to the property instead of the mailing address, I don't know why, but we've seen it several times this year on our rental properties.

Second of all, you need to read up on the "Protecting Tenants at Foreclosure Act of 2009" (Google it) and know your rights if the house does go to foreclosure. If you meet certain requirements (arms length lease at a market rate rent, and you lived there before the NOD was filed) then you have rights. Familiarize yourself with them. Especially since if you stop paying your rent, you lose those rights.

Finally, call a real estate agent and ask who is doing the majority of the auctions in your area. In my area, ReconTrust and NorthWest Trustee Services do probably 90% of the sales. You could then check the websites for the biggest companies in your area, and see if the house was listed for upcoming sale.

Now, if the house does go to foreclosure, what I'm seeing happen most is that you will get a notice from the bank telling you that they are now the owner, and offering you money to move out in 30 or 60 days. If you are covered under the act I mentioned above, they technically have to either honor the remainder of your lease, or give you 90 day notice, whichever is LONGER. But if you are willing to move out sooner with a payoff (cash for keys), that works better for them. The tenants in our area have been seeing offers for around $2500. Plus in many cases, you don't have to pay rent for that time.

All of that is just my experience, and I'm not in your state, but these are the policies of national banks, so I would guess they are similar from state to state.
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Old 02-06-2011, 12:07 AM
 
Location: SoCal
681 posts, read 2,799,675 times
Reputation: 496
Quote:
Originally Posted by fallingwater View Post
When is your lease up? I believe if you look at Foreclosure Real Estate Listings | RealtyTrac it shows homes that are in pre foreclosure and foreclosure status. There is a fee but you get a free 7 day trial. Years ago I joined to keep an eye on good deals for sale. But I think it is apparent the home is in foreclosure or very close.
We are actually on a month to month. We really like the place and area. We like it so much that we even offered to purchase the place a year ago from the landlord. At that time they said they didn't want to sell.

Thanks for the website. I'll look up my addy a few times a week to see if I get any hits. As of riht now our address doesn't show up.

Lacerta, thanks for your detailed response. Gives me a few more resources to look into.
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