[sweetroses10cali]

:confused:
i
The house that i currently lease is under foreclosure by mortgage corp, the landlords claim that it is the fault of the realtor whom they hired to sale the home prior to me moving in, they assure me that i donot have to move out, the home is up for a county auction sale on febuarary 7th and rent is due on the first, i called the mortgage corp and they say as of this date, they are stll in default, and no effort has been made for payment, i am confused:confused: is the realtor at fault, Or is the landlord taking me for a long bad ride please ryply asap

[sunnyMI]

No, it's up to the homeowner to make their mortgage payments. The reason it is in foreclosure is for failure to pay the mortgage... not because of something that the realtor did or didn't do.

[sweetroses10cali]

Gee thanks for your answer, the landlord issist on blaming the realtor, do you think I should still pay my rent fb 1st, auction sale is on the 7th

[oneguyinohio]

Sounds pretty suspicious to me. I don't know what a realtor has to do with defaults on the mortgage. Unless some fees were not paid to the mortgage company by the realtor.

I'd call the county office that is holding the sale, and find out what they think your rights are. If you have a lease or anything, discuss that with them. Let them know you are renting the place, and want to know if that follows through upon completion of the county sale...

[sunnyMI]

If it were me... (I'm not an attorney, so I don't have legal advice)... I would begin looking for a new place to move to. Assuming the home goes to auction and sells the new owner can come and toss you out, regardless of what a lease may say. Heck, if you don't pay, worst case you're going to be evicted anyway. Again, I'm not an attorney, but I wouldn't pay the deadbeat landlord as you're probably going to get tossed one way or the other.

[excon]

Hello sweet:

Your landlord will only own his/your house until the 7th, so I certainly wouldn't pay him any rent BEYOND that date.

Plus, who cares whose fault it is? You have to move. I wouldn't stick around to see if the new owner is going to kick you out right away...

Is your landlord liable for any of this?? No. He DOES have to give you back your security deposit, though. And since he's not paying his mortgage, he might not have money. You might have a conversation with him about that BEFORE you pay him any more money.

excon

PS> It's the landlords fault!!

[sweetroses10cali]

Thanks so very much for everyone's support regarding this horrible experience, of which I would not wish upon no one, I did seek legal advice, and am following all legal steps to protect myself and my family, I have been informed by my lawyer that I have promising future suits against my landlord, for breeche of contract, and frudulent for not making mortgage payments, which by law he is required to make for a whole year from date of signing for the loan, and he did not .


I hoe this legal info helps others that are faced with such a horible experience

Thank you

[oneguyinohio]

If the landlord is more of a management company, and not the actual owner, you might be getting a line of sorts. I lived in an apartment complex that went through three different owners in a years time. It was some sort of manipulation by the corportations involved as they showed various assets on the company books to the stockholders. It was always the same management company that took my checks though. The place went down hill fast as there seemed to be no real involvement from owners... only financial interests... of building companies who seemed to want no long term responsibility. Looking at that place 15 years later, it is hard to recognize as the place I had lived.

I'm not saying you are in the same situation, buy only that you never know the real financial picture of owners, and have to look out for your own best interests.

[ScottGem]

Before you spend a lot on an attorney a couple of points. First, you would have to prove that the landlord deliberately leased the house to you knowing he would not be making payments. Whether he violated his contract with the mortgage lender or not, is between him and them and has little bearing on your legal rights. If the landlord is defaulting on the mortgage simply because he can't afford to pay, then you have no legal recourse against him.

And even if you did, if he can't afford to pay the mortgage how are you going to get money from him?

The facts here are that as of the date the foreclosure is finalized, your lease becomes void. If your rent is due on the 1st, you are obligated to pay it or incur late charges. I'm not suggesting you should pay, just letting you know what your obligations are.

If you like the house, why not buy it from the landlord? If he is going to lose it in a foreclosure anyway, he may be amendable to accepting a small cash amount from you and then the lender may allow you to assume the mortgage, or maybe you can get a loan of your own.

[floridawizdom]

I wouldn't pay a penny of rent to the landlord. Apparently he/she is not paying the mortgage, and is being sued. I would just stay there until the house is sold, and then you'll get a few more days to move. May want to start moving now... I'm not an attorney, but this is what I would do in your case (and I know someone in your shoes... he found out month 1 that the house is going to foreclosure when he rented there. He stopped paying rent... most likely -and unless the landlord sells the house first before the auction- the landlord is busy panicking and won't evict. Good luck.)

Continuation from my post before... not to mention that evicting takes at least 3 weeks (at least in florida). Not enough time to do anything. I'm sure your landloard accepted the loss.. and why ask for rent? That would be foolish. I think you're OK until you move... It's only a few days away anyway. You can threaten to sue him in case he harasses you. What about your deposit? Is it much? That could be a barganing tool.