renting a home and then finding out it is in foreclosure

[johnsonkk]

No house can go from initial notification to full foreclosure (especially in Florida) in 3 months.

[bentlebee]

Originally Posted by johnsonkk

No house can go from initial notification to full foreclosure (especially in Florida) in 3 months.

Exactly and on top of that the new law is stating that if a lease contract is in place the tenant can stay until the lease expires. That is probably why less and less properties are rented out that are in foreclosure after the tennats have left..

[Stewabby]

We're in this situation. Our lease is due to end March 31st. We agreed to pay extra month to extend it to April 4th so we can move into our new lease. On Saturday we were served that the LL is in foreclosure, he hasn't paid since October. He never said a word.

We emailed him that we are concerned about our security deposit because he is in foreclosure and we wanted to substitute our security deposit for our March rent and then just pay for the few days in April. He said no, which makes me really suspicious because he is no worse off if he does that. He saw the house a week ago and he knows we have it in great shape.

I guess we'll have to pay the March rent and just pray he sends us our security deposit. I can bet you that if he is in foreclosure he is pretty much judgment proof so I don't know what good taking him to small claims court would do.

[plaidmom]

Originally Posted by Stewabby

I guess we'll have to pay the March rent and just pray he sends us our security deposit. I can bet you that if he is in foreclosure he is pretty much judgment proof so I don't know what good taking him to small claims court would do.

I think you have your answer right there.

If you can afford to "donate" the money and it will make you feel better...ethically or whatever, then do so.

Otherwise, welcome to the brave new economy.

(p.s. this is not legal advise. one should always consult an attorney in one's home state before making legal and real estate-related decisions...blah blah blah...but then you knew that....)

[bentlebee]

Originally Posted by Stewabby

We're in this situation. Our lease is due to end March 31st. We agreed to pay extra month to extend it to April 4th so we can move into our new lease. On Saturday we were served that the LL is in foreclosure, he hasn't paid since October. He never said a word.

We emailed him that we are concerned about our security deposit because he is in foreclosure and we wanted to substitute our security deposit for our March rent and then just pay for the few days in April. He said no, which makes me really suspicious because he is no worse off if he does that. He saw the house a week ago and he knows we have it in great shape.

I guess we'll have to pay the March rent and just pray he sends us our security deposit. I can bet you that if he is in foreclosure he is pretty much judgment proof so I don't know what good taking him to small claims court would do.

Legally you have to pay till the end, but having said that the Ll is probably not going to spent $ 395 (court costs) for filling a small claims court case and telling a judge he doesn't pay his mortgage and denying you to make a deal with him to protect your money.

If you write a certified letter stating why you aren't paying it, although you know by law it is required, you have a strong case. You should also state that he never informed you about foreclosure papers being served on you and that you are now in emotional distress about the uncertainty of getting your money back and being served with something like this that disturbed your peaceful renting. Also mention that you have tried to settle this with him which he denied.

Make sure you make tons of pictures before moving out so he can't blame you for things you didn't do and I bet you he won't go to court. He has all the money in total and for him to spent more money to go to court...than additional money to get your served and he has to show up in court and face a judge and tell the judge that he stopped paying and denied you something you tried to settle between the both of you....isn't making him look any good in court....although basically he has the law on his side.

Only if the judge is awarding him a judgment which I doubt....he can then can try to get the money from you and report you at a credit company which cost him additional money which he probably doesn't has....so he has to pay over $ 400 to see if he can get money from you...

In other cases I'm totally against any tenant not paying last months rent and I go after them in court, but I have no mortgage and my tenants aren't getting served for foreclosure and being a slumlord and keeping money from tenants while not paying is in my opinion the lowest of the lowest...

[bentlebee]

I'm not advising to anything, just simply stating that usually deadbeat LL will not go after a deadbeat tenant!

It cost money to file a small claims lawsuit.

I'm against homeowners not paying their mortgage and I'm against tenants using security deposit as last month rent!

Having said that, when a LL is not disclosing the foreclosing being started and still renting out their place than they deserve whatever comes their way from a tenant who didn't do any due diligence which they have to but both deserve each other.

Smart tenants perform due diligence and/or go through a renowned property management company!