I believe once they get that final letter stating the house is no longer theirs should I pay them rent? They were served with the notice of default. They are losing 4 houses at one time and cannot remedy the foreclosures. How much longer will it be till we have to move out. Will the mortgage company notify us? Should I call them? How do I find out who the mortgage company is?

Hello a:

Yes, legally you owe the rent until the owner no longer IS the owner. Then you'll owe the bank IF the bank will accept it. They probably won't - but in this market, you never know until you ask. Lots of people in your shoes, don't pay their rent, however, for obvious reasons.

I'd also ask them about YOU buying the house. I'm telling you, the bank does NOT want to own this house...

In regards to finding out WHO the mortgage company is... Well, we didn't talk about your deposit... Clearly, if the landlord doesn't have money to pay the mortgage, he doesn't have money to return your deposit. In fact, you now have a lot of leverage over the landlord. Certainly, he'll tell you who the bank is. It's no skin off HIS nose.

There's probably a few months between a default notice and actual foreclosure. The only time you're going to hear from the bank is when they're giving you notice to move. As I mentioned above, I wouldn't wait that long before I talked to them.

excon

Isn't it against the law to collect rents and not apply them to your mortgage? Then go into default and the tenant is evicted?

Unfortunately it doesn't appear to be against the law anywhere in the US except California.

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alradant disagrees: rude person

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Rude person? Apparently you didn't understand my answer.

Comments on this post
alradant disagrees: rude person

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

Nor can I understand how you can possibly judge Lisa's answer as rude!! Her answer was straightforward and accurate. CA is the ONLY state that has such a law and there are restrictions on its application.

No it is not against the law, the renter except in California has to pay or be evicted. It is not the renters business what the owner does with the money. We will see latter laws on this, they have one in California that allows the renter to sue for his money back or not have to pay. But everywhere else, renter has to pay.

And you were totally out of line with your comment on Lisa, she gave you the correct answer, short and to the point. If anyone was rude it was you.

Threads merged.

As soon as you are officially informed that the property has now changed ownership, you can cease making payments to the old owners.

How long you will have to move depends on local factors. Generally you can probably get 30-60 days to move. Courts are now senistive to these situations. Its even possible the new owners will want you to continue as tenants.

Can someone post a link to this California law that is mentioned so often?

Thank you.

I saw an attorney that deals with real estate and he said we do NOT have to continue paying the rent. If the landlord is able to rectify things then they are due the rent money. Only then, Thanks for trying though.

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Originally Posted by excon

Hello a:

Yes, legally you owe the rent until the owner no longer IS the owner. Then you'll owe the bank IF the bank will accept it. They probably won't - but in this market, you never know until you ask. Lots of people in your shoes, don't pay their rent, however, for obvious reasons.

I'd also ask them about YOU buying the house. I'm telling you, the bank does NOT want to own this house...

In regards to finding out WHO the mortgage company is... Well, we didn't talk about your deposit... Clearly, if the landlord doesn't have money to pay the mortgage, he doesn't have money to return your deposit. In fact, you now have a lot of leverage over the landlord. Certainly, he'll tell you who the bank is. It's no skin off HIS nose.

There's probably a few months between a default notice and actual foreclosure. The only time you're going to hear from the bank is when they're giving you notice to move. As I mentioned above, I wouldn't wait that long before I talked to them.

excon

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Originally Posted by alradant

Thanks for trying though.

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Hello alradant:

I wasn't TRYING. I was giving you the LAW. It's this supposed attorney who is trying, and he needs another shot at it, cause he's wrong.

excon

Quote:

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Originally Posted by alradant

I saw an attorney that deals with real estate and he said we do NOT have to continue paying the rent. If the landlord is able to rectify things then they are due the rent money. Only then, Thanks for trying though.

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I suggest you ask this attorney to cite you the law that allows you to not pay rent. If you don't pay them rent how are they supposed to make up the arrears? That's like placing food just out of the reach of a starving man.

And if you do withhold rent, you better be paying it into an escrow account to show your good faith. If you don't pay rent, the owner can evict you.

So I suggest talking to another lawyer, one who knows the law.

BTW, you never apologized for your inappropriate rating of Lisa's response.

That's OK, Scott. I just find it somewhat pathetic that a person will come on here, act rudely to a real estate attorney who gives them the correct answer for free, and then pays another attorney who gives them the wrong answer.

To the OP: Do you really believe that you can not pay rent to the landlord and then, when he sues you for eviction, a judge is going to tell you that it was OK not to pay any rent?

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Originally Posted by LisaB4657

I just find it somewhat pathetic that a person will come on here, act rudely to a real estate attorney who gives them the correct answer for free, and then pays another attorney who gives them the wrong answer.

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Well I'm not sure if he actually paid this other person, that would make it even worse.