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View Full Version : No lease agreement and home in foreclosure, landlord want no rent


way0098
Aug 30, 2013, 03:00 PM
I was rent to own, no lease month to month foreclosure, landlord won't take rent. What do I do. Gmac sold his mortgage in feb,didn't know about it. Can I contact the company and explain the situation?

ScottGem
Aug 30, 2013, 03:24 PM
This is very unclear. You say you were purchasing the house on a sales contract. But what is a month to month foreclosure. An it wouldn't matter if the lender sold the mortgage to another lender.

Do you have a written contract for sale? Where is this (general area)?

way0098
Aug 30, 2013, 03:36 PM
He was trying to sell the home, and we couldn't buy it right now. So he say how about rent to own. No lease. We made up a contract, if you call it that, where I pay 850 per month, which goes to the mortgage and what ever need fixing in the home, I was responsible. I didn' know that Gmac had brought his mortgage, he didn't tell me that. Now the home is in foreclosure, he is in the military and don't have time to fix it up. I have contact ocwen to see if I can still stay in the home and continue to pay rent. It is in default and sept 27 is the deadline. He told me to take the rent and try looking for another home, because he say that after sept 27, they might lock up the house

ScottGem
Aug 30, 2013, 03:41 PM
Ok, first, if the house is in foreclosure and the deadline is 9/27, you should still have 90 days before you are forced to vacate.

But it looks like that's the only thing you can do unless you can negotiate with the lender to take over the mortgage.

way0098
Aug 30, 2013, 05:30 PM
Ok, first, if the house is in foreclosure and the deadline is 9/27, you should still have 90 days before you are forced to vacate.

But it looks like that's the only thing you can do unless you can negotiate with the lender to take over the mortgage.

Even if I don't have a lease?

joypulv
Aug 30, 2013, 06:02 PM
You are protected by federal law, lease or not.
There are certain loopholes to the law though... read the post at the top of the Real Estate Board.

AK lawyer
Aug 30, 2013, 06:48 PM
Ok, first, if the house is in foreclosure and the deadline is 9/27, you should still have 90 days before you are forced to vacate.

But it looks like that's the only thing you can do unless you can negotiate with the lender to take over the mortgage.

Whoever buys the property at the foreclosure sale must give you at least a 90-day notice, from the effective date of the judgment of foreclosure.
The sticky about the Protecting Tenants at Foreclosure Act is here (https://www.askmehelpdesk.com/real-estate-law/paying-rent-when-property-foreclosure-316199.html).

Also, depending on when he went into the military, when he got the mortgage, and whether he is deployed, the Servicepersons' Relief Act may forestall the foreclosure.

way0098
Aug 31, 2013, 06:08 PM
She I stay in the home until foreclosure, I hate to put a down payment on another place. The house stays in the owners name until the foreclosure, am I right?

AK lawyer
Aug 31, 2013, 06:15 PM
she I stay in the home until foreclosure, I hate to put a down payment on another place. The house stays in the owners name until the foreclosure, am I right?

That is correct.

But pay the rent or, if the landlord won't take it, put it in escrow, if you want to take advantage of the 90-day notice provision we told you about earlier. Otherwise, the buyer could claim that the provision requiring "the receipt of rent that is not substantially less than fair market rent for the property" has not been met.

way0098
Sep 2, 2013, 02:23 PM
I don't know if we has a lease, because when we talk. He was trying to sell the properties, but he was also trying to leave for the navy, so everything has to be in a hurry. We had agreement for rent to own, anything that need fixing, I was responsible and paying the rent. When the sewage broke, I has to leave the home because the insurance was in his name, and they wouldn't fix it, until he was there. I try to talk to him about catching up the mortgage, and he really don't want to deal with it. He say that he need 980.00 to catch up, I had the money. He told me to look for another place . Everything was just word of mouth. He told me that I was suppose to receive an new contract in July, but I never receive it. I also told him that the roof needed fixing, because we has a wind storm. He was suppose to send someone to fix it. His homeowner insurance will not let him fix it. I think he told them no one was leaving in the home. What should I do, wait for the foreclosure. The home his in default and he doesn't care at all. I don't think that it is that bad, but he just don't want to deal with this house or fix it up

AK lawyer
Sep 2, 2013, 03:42 PM
I don't know if we has a lease, because when we talk. he was trying to sell the properties, but he was also trying to leave for the navy, so everything has to be in a hurry. we had agreement for rent to own, anything that need fixing, I was responsible and paying the rent. when the sewage broke, I has to leave the home because the insurance was in his name, and they wouldn't fix it, until he was there. I try to talk to him about catching up the mortgage, and he really don't want to deal with it. He say that he need 980.00 to catch up, I had the money. he told me to look for another place . Everything was just word of mouth. He told me that I was suppose to receive an new contract in July, but I never receive it. I also told him that the roof needed fixing, because we has a wind storm. He was suppose to send someone to fix it. His homeowner insurance will not let him fix it. I think he told them noone was leaving in the home. what should I do, wait for the foreclosure. The home his in default and he doesn't care at all. I don't think that it is that bad, but he just don't want to deal with this house or fix it up

I moved your last post to your thread, from the sticky (https://www.askmehelpdesk.com/real-estate-law/paying-rent-when-property-foreclosure-316199.html). It didn't belong there.

What do you want to do? He probably has obligations as a landlord, but as the saying goes, "You can't get blood out of a turnup." In other words, suing him to force him to make the required repairs may prove futile.

You might want to notify his insurance company that you are indeed living in the premises.

What do you want to do?

ScottGem
Sep 2, 2013, 04:09 PM
Are you living there now or not? If you want to buy the home, then you have to negotiate with the lender. If you can't reach an agreement, then you find somewhere else to live.

way0098
Sep 2, 2013, 04:44 PM
I moved your last post to your thread, from the sticky (https://www.askmehelpdesk.com/real-estate-law/paying-rent-when-property-foreclosure-316199.html). It didn't belong there.

What do you want to do? He probably has obligations as a landlord, but as the saying goes, "You can't get blood out of a turnup." In other words, suing him to force him to make the required repairs may proove futile.

You might want to notify his insurance company that you are indeed living in the premises.

What do you want to do?

Well should I just stay in the home or start looking for another place to go or just wait until the foreclosure and they might give me another 30 days. Its too late to sue, because as my understand we were renting to own

ScottGem
Sep 2, 2013, 05:40 PM
well should I just stay in the home or start looking for another place to go or just wait until the foreclosure and they might give me another 30 days. Its too late to sue, because as my understand we was renting to own

Again, the foreclosure will void your contract. So either you try to buy it from the lender or you move. You will have time to move if you can't buy it.