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We have been residing in a home in which the owner has done a reverse mortgage on. The owner decided she was going to move out of state and asked us if we would like to move in. We would not have to pay monthly rent but would be responsible to pay for the property taxes which are due twice a year. Also, we would have to pay for all the bills which she wanted kept in her name so no red flags would be raised. So we took her up on it.. Who wouldn't!
Well now she has decided she wants to give the bank the deed lieu of foreclosure. Now she is trying to tell me that we need to move out (mind you we have been residing her for little over two years)
The bank/ mortgage company is under the assumption she has been occupying this residence this whole time.
I explained to her I have no place for me and my daughter to go, so now she has turned off the electricity ( luckily I was able to put back on in my name) and now she shut off the water. Water company is giving me a difficult time with turning back on my water.
I have a child and cant have the water be off or any other utility for that matter.
Can she do this?
DO I have any rights?
Please I need some advise as to what my rights as well as my options are!
I assume that you didn't have a written lease. Therefore, you default to 'month to month' tenancy for most states. Depending you your state/city, typically the landlord needs to give you 30 day notice to move out. Although this can be 15 days or up to 60 days depending on the state.
The landlord CAN require you to move out. If you don't move out then the landlord can evict you.
Why would you assume you can stay long term? Are they supposed to let you stay forever? You must know that renting means the landlord can require you to move after your lease term has expired.
If you don't move out soon, if the landlord begins formal eviction proceedings, then you are going to have a very difficult time getting future rentals because it will be on your record.
As you know, the owner was violating the terms of the reverse mortgage by not residing in the house. You will not be able to live there unless you get the mortgage company to sell you the house because they now will be the official owner. You don't have a term lease that the mortgage company has to honor. You can look in your State laws to get a clear understanding of how long you can stay based on having a month 2 month lease that is terminated. Plan on moving quickly......
I don't understand why you think you are entitled to live in someone else's home. You aren't even paying rent; just property taxes and utilities. You need to find another place to live. Some apartment complexes may offer good deals at this time in order to attract tenants.
If you're legally considered a tenant, the owner had no right to shut off the utilities but, then again, it might be argued that you're not a tenant since you pay no rent. However this goes down you simply cannot stay there. I imagine that what you've been paying in property taxes isn't even close to what you would have been paying in rent so consider yourself fortunate to have saved so much for two years.
You have no rights whether a legal tenant or not. Move as quickly as possible before you end up involved in a mess of court action.
The person who owns the house was a friend of the family and she was willing to let us live here. She was the one that gave us this offer and yes, I am luck to have had to pay no rent.
Now that she stands to earn a good chunk on the sale of her home, I have to move. She is defrauding the mortgage company. My dad still has his VA loan that he has never used, I think Im going to take it to the bank.
Despicable indeed. OP, if you go out of your way to mess up this kind person whose benevolence has allowed you to live rent-free for two years, you not only should end up feeling deeply ashamed but remember that karma never fails to come around - when you least expect it. Shame on you. Do the right thing and just move.
The person who owns the house was a friend of the family and she was willing to let us live here. She was the one that gave us this offer and yes, I am luck to have had to pay no rent.
Now that she stands to earn a good chunk on the sale of her home, I have to move. She is defrauding the mortgage company. My dad still has his VA loan that he has never used, I think Im going to take it to the bank.
THank you for all your adivse and comments
Stands to earn a good chunk on the sale of her home? In the prior post, you said she was giving it back to the bank. That means she won't make a penny. So which is it?
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