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Old 12-03-2010, 07:46 PM
 
93 posts, read 197,095 times
Reputation: 39

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Wondering if anyone can help. I called my landlord this morning because of something with our house, and his cell phone was disconnected....looked up his home phone online, it was disconnected, too. Drove over to his house and it was empty and had a real estate agent padlock on it. When I got home I looked online, and sure enough, his house was sold. It was listed with an agent, so I'm guessing it wasn't foreclosed on. But now what? Our November rent check didn't clear, so we'll put a stop payment on it. But I don't know what to do. I'm not going to send any more rent to an address he doesn't live at! So would that void our lease? I've contacted a lawyer friend to find out, but was wondering if anyone had any thoughts?
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Old 12-03-2010, 07:49 PM
 
Location: New Braunfels, TX
7,130 posts, read 11,840,234 times
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I'd be checking to see if YOUR place is possibly posted for foreclosure, or has been sold. From there - yeah, talk w/an attorney ASAP.
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Old 12-03-2010, 07:50 PM
 
93 posts, read 197,095 times
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I've got a real estate agent friend who is checking to see if my house is in pre-foreclosure. Hasn't been sold from what I can tell....
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Old 12-03-2010, 08:34 PM
 
Location: Helotes
73 posts, read 152,143 times
Reputation: 52
you might be able to put your rent into an escrow account with the county clerk.
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Old 12-03-2010, 08:44 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,891,396 times
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See if you can contact the listing agent who sold his house where he is. Also get a lawyer. You need to put the rent in an escrow account until he is located. At least an attorney can get information for you. I would also be prepared to move. Start looking so it's not a surprise when and if they tell you you have to move.
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Old 12-03-2010, 08:51 PM
 
Location: Houston area, for now
948 posts, read 1,386,558 times
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I know in Colorado that there is the housing authority. I am sure in Texas there is something similar. O know that my rentals I have to answer to them for smoke detectors, bad living conditions, fire or what ever. I'd google that in your area.
Also go down to the court house and see if there are any liens against him. That is public record so it should be available.
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Old 12-03-2010, 09:10 PM
 
4,796 posts, read 15,370,704 times
Reputation: 2736
I second checking deed records. You can do it online. https://gov.propertyinfo.com/TX-Bexar/

You need to register to use it, but it's free and only takes a minute. Log in and then click on the menu for Land Records. It's pretty easy to follow from there. The records are up to date within a day or so of filing. Put in his last name first name and then click on search. Don't worry about any of the other fields. This will show any document in his name.

Send me a DM if you need help. Good luck....very odd!
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Old 12-04-2010, 05:56 AM
 
93 posts, read 197,095 times
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Thanks WCat. Didn't find anything about our property. Still in our landlord's name. So I guess we wait and start looking for new houses, or try to find our landlord!
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Old 12-04-2010, 06:21 AM
 
7,005 posts, read 12,480,242 times
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Wow. He could have at least told you that he was abandoning the property and let you out of your lease.

Here is an explanation of the Protecting Tenants at Foreclosure Act of 2009.

http://www.suite101.com/content/when...closed-a189667

Quote:
Under the PTFA, all renters have the right to remain residents of their current home until the end of the original lease. Although the new owner of the property is under no obligation to renew the lease, this gives individuals the opportunity to find other housing with the knowledge that they cannot remain in their current location.

One exception to the PTFA is if the buyer of the foreclosure intends to occupy the premises himself. Should this occur, the new owner of the home is required to give his tenants 90 days notice of the termination of the lease.

A new owner, however, is not bound by the original landlord’s obligations to the lease. Because of this, renters may have trouble addressing issues with the property such as repairs that need to be made and regular maintenance concerns.
Here is the PTFA.

http://www.fdic.gov/news/news/financ.../fil09056a.pdf

Last edited by L210; 12-04-2010 at 06:32 AM..
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Old 12-04-2010, 06:39 AM
 
93 posts, read 197,095 times
Reputation: 39
See, that's the thing. I don't know if he's abandoned the property! The deed is still in his name, so I would figure that legally he's responsible. The not knowing is frustrating. I'm waiting to hear back from my lawyer friend. This thing is so strange. He was a really good landlord, and would always tell us what great tenants we are and how he didn't want us to move. So, this seems really strange.
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