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jbuck011 · Aug 14, 2012, 06:25 AM

My daughter rented from an owner who wound up in jail for 12 years. The mortgage Co. refused to cash her monthly checks and refused to talk with her concerning the case for well over 5 months. Now the Mortgage co. has served her a weeks notice to get out. She went to the prison to talk with the Mortgagee and he said there is nothing he could do. Is there, considering the awkwardness of the situation, a way for her to ply for more time?

smoothy · Aug 14, 2012, 06:33 AM

Did she have a written lease... and when does it, or did it expire?

Fr_Chuck · Aug 14, 2012, 07:08 AM

The mortgage company can not discuss this with her,

They are not the landlord.

The landlord needed to appoint someone to take care of this. He (landlord) could have given her power of attorney to deal with the loan and the house.

They can not give her any notice until they have foreclosed on the house. Once foreclosed then they own the house. A week notice does not sound legal, But at least, she should have all of those last months rent payments all saved up to afford to move with

jbuck011 · Aug 14, 2012, 08:40 AM

Unfortunately I don't think she had a signed lease and when she visited him in jail he said there was nothing he could do... I don't either of them are aware of the "power of attorney" clause?

smoothy · Aug 14, 2012, 08:54 AM

Without a signed unexpired lease... in most places they only have to give you 30 days notice, there are a few places that is only 2 weeks notice.

What state is this in as Tenant/landlord laws are a State level function... not Federal.

jbuck011 · Aug 14, 2012, 09:01 AM

Originally Posted by smoothy

Without a signed unexpired lease....in most places they only have to give you 30 days notice, there are a few places that is only 2 weeks notice.

What state is this in as Tenant/landlord laws are a State level function...not Federal.

Hopkinsville, Kentucky.

Fr_Chuck · Aug 14, 2012, 09:27 AM

Best thing she can do at this point is just move.

Power of attorney is not a "clause" it is a paper that allows another person to act on their behalf,

jbuck011 · Aug 14, 2012, 09:36 AM

Thanks for your help in this matter.

AK lawyer · Aug 14, 2012, 02:38 PM

Originally Posted by smoothy

Without a signed unexpired lease....in most places they only have to give you 30 days notice, there are a few places that is only 2 weeks notice.

What state is this in as Tenant/landlord laws are a State level function...not Federal.

Smoothy, you are forgetting something, I think: the Protecting Tenants at Foreclosure Act. It is federal legislation which trumps (ast least until and unless it is ruled unconstitutional) state LL/T law.

In all places in the US, if the lender forecloses it must give the tenant at least a 90-day notice.