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-   -   Never signed a lease and property is under pre-foreclosure (https://www.askmehelpdesk.com/showthread.php?t=322469)

  • Feb 26, 2009, 03:02 PM
    seaglass44
    Never signed a lease and property is under pre-foreclosure
    :rolleyes:I've been renting a house for over a year with no lease agreement and found out the landlord wasn't paying the monthly mortgage payments and wasn't asking for my rent either. I decided to stop making payments till I hear something. 3 - 4 months went buy and notice on the door a notice of sale. If the house doesn't sell at the Auction will the leader work with me to stay in the house and make a new lease agreement for me. What should I do I'm living in CA I understand they have different laws.
  • Feb 26, 2009, 03:14 PM
    JudyKayTee

    Only the person taking the house back knows what he/she will allow.

    Why did you think you don't have to pay rent? You have put yourself in a position to be evicted with minimum notice, without a helpful rent payment history.
  • Feb 26, 2009, 03:26 PM
    LILL
    Lenders are usually not in the business of landlording. Expect eviction procedures from the lender once the sale has take place.
  • Feb 26, 2009, 04:00 PM
    seaglass44
    Quote:

    Originally Posted by JudyKayTee View Post
    Only the person taking the house back knows what he/she will allow.

    Why did you think you don't have to pay rent? You have put your self in a position to be evicted with minimum notice, without a helpful rent payment history.

    The landlord wanted to go though foreclosure and decided not to collect rent, she wanted nothing to do with the house and was waiting for the foreclosure to take place, to get her life in order. I never meet the landlord and never talked to her.
    The other person living in the house new her and they didn't get along and they weren't talking. An their was no lease agreement either.

    The reason for the foreclosure is the monthly mortgage went up to high and couldn't afford the house.

    Their was 2 other people sharing the house and they left the house due to the foreclosure. For saying that, I'm the only one living in the house. I drove cross country and I don't know a lot of people and I don't have a lot of friends and family out here. I wanted to get a few roomates to help out but, it doesn't look good if I get evicted.

    I can show that the rent history for the house was being paid.

    Thanks you for your response.
  • Feb 26, 2009, 04:47 PM
    JudyKayTee
    Quote:

    Originally Posted by seaglass44 View Post
    I can show that the rent history for the house was being paid.

    Thanks you for your response.


    I thought you weren't paying rent - or am I confused (which is always possible)?
  • Feb 26, 2009, 04:50 PM
    Fr_Chuck

    I have not read some of the new rules but I understand if this was a Freddie or a Fannie loan, and they take it back, they have to honor the lease alrady in place, but in your case there is no lease. ** I can't prove this but I heard this on a real estate talk show on the radio.

    But in California they can not take your rent paymets while in default, plus you can sue for any payment back from the time of the default if you paid during that time.

    This is a time to look at buying the place if you are in a place for it.

    I just worked with some property in GA, a home that sold for almost 400,000 two years ago, has got a offer for about 180,000 this week.
    And the market is going to go back up, but it will take a few years.
  • Feb 26, 2009, 05:37 PM
    seaglass44
    Quote:

    Originally Posted by JudyKayTee View Post
    I thought you weren't paying rent - or am I confused (which is always possible)?

    I moved in the house in May of 2008 relocated myself and was paying rent till September 2008. The house was being rented to someone else prior to me moving in for about a year and they were paying rent. They decided to move and here I am, alone in the house till I hear something.

    I was told not to make anymore payments because the house is going to go though foreclosure. I just received a notice of sale last week on my door. I really don't know what to do but wait till someone talks to me about my options.

    I guess I could have left the house and leave it vacant and no one would even no,but I decided to stay till someone tell me different.

    Again, the owner of the house does not want to have anything to do with it. They want it to go to foreclosure they just don't care. They don't even care to collect rent, I just not understand that...

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