Godlike Productions - Conspiracy Forum
Users Online Now: 2,768 (Who's On?)Visitors Today: 1,695,278
Pageviews Today: 2,791,061Threads Today: 922Posts Today: 20,365
11:07 PM


Rate this Thread

Absolute BS Crap Reasonable Nice Amazing
 

The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?

 
Anonymous Coward
User ID: 832231
United States
12/05/2009 02:04 PM
Report Abusive Post
Report Copyright Violation
The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Okay mabey somone knows the best advice... I want to talk to a lawyer but my husband is refusing because he says we dont have the money with christmas almost here.

A few weeks ago the bank contacted us and said they were foreclosing on the house we are renting but DONT WORRY they said we want you to stay, whatever your contract with the landlord says still holds until it runs out so send US your rent payment,, what do you pay might we ask?

Hummm,, instant tip off, the bank cant get ahold of the landlord,, not a suprise because when we moved in here last spring we had the same experince, he never answers his phone and rarely returns phone calls. We had a major leak in a water line one time and it took him two days to get back with us about it.. thankgod I figured out how to shut it off in the meantime.

So the next thing the bank says is if we are interested in buying the house they would be glad to talk to us about that.

The truth of the matter is we love this little house,, but its got SERIOUSE problems. A leaking roof thats doing lots of dry wall damage in the newer area and there are some BAD cracks in one of the bedrooms which we suspect is from the same thing.. but we wouldnt know because the attic has been sealed off... total lack of insulation in the addition.. the wiring is so out of date you cant hook up a dryer and according to an electrician it cant be insured this way. A leaking water pipe that has been patched up by a plumber twice since we have been here ,, and which within a week went back to leaking .... the last plumber said it was a problem in the crawl space there and he didnt want to touch it would be 'opening a can of worms' .......... the backroom (crawlspace there too) where one corner of the room is so 'off' we had to use a medium sized book to prop one end of a table up.... and a double panel window seat glass that has gotten moisture in it and would have to be drilled, vented and resealed.

So.... now for the question ! (your like finally right?)

Do WE pay the bank our rent payment (they have already told us when I asked if something catastrophic happened would they be fixing it ... to which they replied 'uh no we dont actually own the house so we are limited legally on what we can do). Or do we hold onto the rent money since they DO NOT legally own it yet as that can take six to eight months and save that money to use as rent and deposit on a new place?

Also... would it be smart to pay for an inspector to come look at the house,, write down all the problems,, then make two copies and send one to the bank so THEY can see just what they are getting themselves into if and when they take possession? I wonder this because if they KNOW just how cheaply they will have to sell the house for they may choose not to take posession at all and we could stay here indeterminantly.

On the negative side my husband already did pay them the landlords rent for december....... which I objected strongly to because they dont OWN it. I wonder now if he hasnt somehow entered into a legal contract with them by doing that.

They say they cant renegotiate the rent payment (i assume this means legally because they indeed dont have ownership of the property until the legal hearing to take it from the owner) and Im pretty sure they have no interest in being landlords so.. then what?
Anonymous Coward
User ID: 670888
Canada
12/05/2009 02:06 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Is it a fixer upper?
Anonymous Coward
User ID: 824029
United States
12/05/2009 02:09 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
You are not in a contract with the lender. Don't pay them shat! Hell it could be a con anyway. Stop paying, stack our dollars and move to a house with out as many problems.
Anonymous Coward
User ID: 834301
United States
12/05/2009 02:10 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
If your contract is with the landlord and he is losing his house shouldnt your rent go only to him. And his bank problems are between him and his bank. I dont see how they could have you pay them rent money when the landlord could turn around and sue you for HIS rent money.
mopar28m
Lev. 23:15-22

User ID: 834212
United States
12/05/2009 02:10 PM

Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Ok, this happened to us.

We were renting a shop (2 stall garage) to work on our racecars when we were racing, our personal vehicles & then our semi. The bank sent us a letter telling us that the landlord had defaulted on his payments & that all rent money was to be sent to them until the property was sold. (took almost 2 years) I contacted the guy whose name was on the letter before I sent any money to them to get the lowdown on what had happened & to make sure that the landlord could NOT come back on us saying we had NOT paid the rent. He assured me that would NOT happen.

You need to contact the person on the letter & ask them if they formally hold the deed in their possession & ask if you send the money to them the landlord can NOT come back on you for not paying the rent. If the landlord has NOT lost the property completely, this could be a sticky situation.

A lawyer is NOT needed unless the landlord tries to come back on your for not paying the rent which doesn't sound like that is the sitation.

Last Edited by mopar28m on 12/05/2009 02:11 PM
vaccinefreehealth.spam

vaccinefreehealth@hushmail.com

Racin​g to end vaccinations.
Anonymous Coward
User ID: 793891
United States
12/05/2009 02:11 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Don't pay a cent. Wait for them to take you to court and prove they have the right to do so and them pay them what you owe them.
Anonymous Coward
User ID: 825952
United States
12/05/2009 02:11 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Be super duper nice to the sheriff when he shows-up. Be especially pathetic and he may not force you out as it is up to him in the end.

.
Anonymous Coward
User ID: 788931
United States
12/05/2009 02:11 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Personally, I'd ask yourselves why you would want to stay in a home that is in the condition that it is in. Your landlord is either a slumlord or just serioulsly broke, and now the house is foreclosed on, so, he won't be fixing it.

the bank probably won't, either. It will demolish it and then sell the property it is on. that house will sit and rot. Seen it all over my neighborhood.

My suggestion is to pay no one. If you pay the landlord, he wont be paying the bank. You'd be giving him free money. If you pay the bank, you are paying for something not even safe to live in. You are legally obligated to pay something, however, who is going to evict you? No one owns the property yet its in limbo. But I would look at your lease. Still, it will cost your landlord money to evict you. Even if it took 60 days, that's 2 months rent in your pocket.

Most lawyers offer a free intial counseling. When is your lease up? I think you got screwed-this landlord knew the condition of the property and hasn't been using your rent payments to pay the mortgage. You might be able to sue him for that. Either way, hold onto your rent payments til you have a better idea. Pay no one right now.
machobird
User ID: 752056
United States
12/05/2009 02:18 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Couldn't hurt to just talk to the bank about purchasing the house. Be nice, but ask for an inspection with the shared expection that all issues would be repaired. Then make a deal, get a low interest loan from that desperate bank. Maybe you'd then own a fixed-up home with a monthly payment that is less than rent.

machobird
Anonymous Coward
User ID: 827144
United States
12/05/2009 02:20 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
it may be a chance to get a new contract with much lower rent..... I would go talk directly to someone and draw up papers. Make a list of all the problems and ...if you wish to do the repairs, then lower your rent even more. The bank would much rather have someone in the house even a bairly any rent. Talk and stall... til you can get what you want. Do not "buy" it unless it is a real bargan!
C74R1TY-44

User ID: 832114
United States
12/05/2009 02:25 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
If he's in default and they haven't actually foreclosed on him then he's still technically the owner.

DO NOT PAY RENT TO SOMEONE WHO DOESN'T OWN THE HOUSE. A LIEN ISN'T GOOD ENOUGH.

If they don't have the authority to fix shit, they don't have the authority to evict you.

Save your money because you don't have to pay your landlord OR the bank until he either gets out of default or they foreclose.

Sincerely,
a former landlord who got foreclosed on
The storm is closing in to begin again from the beginning. Never sitting through my waking life oblivious. The ignorance running rampant through the city is indicative of something worse; this picture isn't pretty.
II-Neutron

User ID: 833992
Canada
12/05/2009 02:33 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Your contract is with the original owner so you must make your payments to him, if you stop then you default on the rental contract.

I would talk to the bank and ask them to put in writing that they are now your landlords, get a new rental contract with them, or get in writing that they have assumed the rental contract and are honouring it hence the request for payment.

If there is need of repairs you can send them a registered letter informing them of what you need done. If they do not make the repairs (but take your rental payment) find your states tennantcy act and find the section re: repairs.
Quote it and remit your rental paymemt minus the included repair bill. Get a couple of written quotes for the work If you can and submit those as well.

Keep copies of all your reciepts.

If you want to stay there I would do what I could to make it work.
This post is not legal advise and falls under this websites Disclaimer :-)
ii.neutron@gmail.com
By faith he sojourned in the land of promise, as in a strange country, dwelling in tabernacles with Isaac and Jacob, the heirs with him of the same promise:For he looked for a city which hath foundations, whose builder and maker is God. Hebrews: 11
Anonymous Coward
User ID: 671825
United States
12/05/2009 02:36 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Once the bank forecloses, and if you've decided not to pay rent, they'll simply have you evicted. I would have a professional take a hard look at the property, and determine all of the deficiencies, then estimate market value "as is," and taking into account it is a foreclosure.

You will also want to search your local register of deeds for the original mortgage to determine the approximate outstanding balance, and you can use this in your negotiations with the lender. They'll likely take a discount against the outstanding balance to get it off their books, but this is a good starting point. If the property has not yet been foreclosed, you will also want to perform a title search for ALL outstanding debt, since you could possibly end up dealing with other creditors if purchased before the first mortgage lender takes possession.

Nonetheless, this could be a very good opportunity to acquire your current home at a pretty deep discount, and the bank would likely lend you sufficient funds to complete any necessary renovations....could be a win/win.

Also, while I have not heard of banks doing this (yet), they might be open to some sort of lease-option arrangement if the terms made sense, and of course considering all of the above.

So, to summarize, continue to pay your rent to the bank (assuming they've truly foreclosed) and then look seriously at the purchase if you have the means. If you've never bought a home before, you will also qualify for the first-time homebuyer tax credit, which will make it an even bigger windfall assuming you play your cards correctly...

Good Luck
9teen.47™

User ID: 834205
United Kingdom
12/05/2009 02:36 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
kitty OPie, do a serious internet search for your state. There will have been other people in the same boat, and you can probably get some sound advice, on what works for your state.
Zec 12:3 And in that day will I make Jerusalem a burdensome stone for all people: all that burden themselves with it shall be cut in pieces, though all the people of the earth be gathered together against it.
Psa 9:17 The wicked shall be turned into hell, [and] all the nations that forget God.
Jer 6:2 I have likened the daughter of Zion to a comely and delicate [woman].
STOCK UP NOW. You should have at least 6 months worth of basics for every member of your household. Stay away from crowds when trouble starts, do not forget water storage, tobacco is worth more than gold or silver, and be kind to hungry children.
Anonymous Coward
User ID: 526155
Canada
12/05/2009 02:46 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
If he's in default and they haven't actually foreclosed on him then he's still technically the owner.

DO NOT PAY RENT TO SOMEONE WHO DOESN'T OWN THE HOUSE. A LIEN ISN'T GOOD ENOUGH.

If they don't have the authority to fix shit, they don't have the authority to evict you.

Save your money because you don't have to pay your landlord OR the bank until he either gets out of default or they foreclose.

Sincerely,
a former landlord who got foreclosed on
 Quoting: C74R1TY-44



But please do SAVE THE RENT. Set it aside. Bring the CASH to court if anyone tries to evict you. Also, put IN WRITING the problems with the house. SEnd a letter REGISTERED MAIL to your landlord outlining these problems that need fixing. SEnd a registered copy of that letter to the bank as well. DO NOT call an inspector. Let the bank find out the hard way. Do not do them any favors. You don't need an inspector, take pictures and send the registered letters. Good luck.
hf
Foxx.

User ID: 827175
United States
12/05/2009 02:49 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Something sounds a lil fishy, First of all, how would they know you are renting the aforementioned house? How would they get your Phone number?
You are the driver, you Own the Road!!Stand up and Shout

I've a suggestion to keep you all occupied, Learn to Swim!!
Mickeyblue
User ID: 330969
United States
12/05/2009 03:03 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
I would start searching for a home in better condition that you can rent.

There is a lot of bad advice and some good advice in here. First you owe rent, regardless of what is happening with the landlord as you do not know if he is trying to work things out with the bank. I know for a fact how extremely difficult it is to effect this. You live there so pay the rent.
Not to the bank but to hom you have the c ontract.
Do not exect the bank to make any inspections on subject property, they will not be doing this. If you want to remain there then go to the county recording office and follow the recorded notice of default and find out the time period in your state for this going to 'sale'. Now you will have an idea of when the bank will be taking it back or if they will just let someone who might have a junior lien on the house bid it which is unlikely but you have to find out if there is a junior lien as they too are involved in whatever occurs with this house.

Again, the bank will not do any inspections, if you want them it is up to you. If you want to stay there, inform them you are paying your rent and when they own it you would like to discuss staying there and begin the negotiations towards that end.

There is no good argument for failure to pay for what you are receiving. The only way you can legally withold rent, part of it, is if you request from landlord repairs for leaking plumbing and such as that which interrupts living there in a healthful elnvironment for the period of time your request is ignored.
Anonymous Coward
User ID: 827355
Australia
12/05/2009 03:05 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Don't pay them rent until they have taken possession.
Anonymous Coward
User ID: 592518
United States
12/05/2009 03:15 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Did you talk to your idiot landlord?
Or did he disappear?

You might be able to buy the house with this problem.
beautyisskindeep
User ID: 852253
United States
12/29/2009 12:47 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Well I'm currently going through the same issue so here's the best advice I can offer after much research.

First of all, if the landlord is not paying the mortgage but still collecting rent, that is called "rent skimming" which is illegal. The bank has no right to accept any payments until the house has been completely foreclosed on and it is out of the owner redemption period. Even if the bank takes possesion of the property, they still have to provide you with notice to move. Only then can they request you pay them rent. The bank still has to honor your lease unless they provide you with written notice indicating the new owner would like to take immediate possesion of the property and move in. They cannot make you move if you still have a lease without notice. Technically they have to honor the lease, unless the owner desires possession.

If the bank is the legal owner of the property and requests payment, you have to pay them, if not and there is a new owner, if they chose to continue the agreement with you, they wil provide proof and you will pay them.

But to keep yourself legally clear, send a certified letter to the landlord indicating that you have receievd documentation that the house is in foreclosure and in order to protect yourself, you will be setting up an escrow account. Let him know that all rent money will be deposited into that account and at such time he presents documentation that the property has been redeemed from foreclosure and back in his ownership, all past due rent will be paid. Until then, put all of your rent money into that separate escrow account. Do not put it with your personal account, the money cannot comingle. If you don't have one already, get a copy of the Notice of Foreclosure and be sure to keep it. This is a public record and can be obtained through your county records office.

If you are taken to court for eviction by the owner or the bank, all you will have to do is provide the paperwork showing the foreclosure, a copy of your lease and provide proof of the escrow account and the money in it. That way, if the judge tells you to pay, you have the money to do so. Since the landlord has defaulted on the mortgage he has breached his lease agreement with you, so you could take that money and move into a nicer home. But at least this way you're covered all around.

Hope this helps.
PhennommennonnModerator
Senior Forum Moderator

User ID: 844001
United States
12/29/2009 12:54 PM

Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Okay mabey somone knows the best advice... I want to talk to a lawyer but my husband is refusing because he says we dont have the money with christmas almost here.

A few weeks ago the bank contacted us and said they were foreclosing on the house we are renting but DONT WORRY they said we want you to stay, whatever your contract with the landlord says still holds until it runs out so send US your rent payment,, what do you pay might we ask?

Hummm,, instant tip off, the bank cant get ahold of the landlord,, not a suprise because when we moved in here last spring we had the same experince, he never answers his phone and rarely returns phone calls. We had a major leak in a water line one time and it took him two days to get back with us about it.. thankgod I figured out how to shut it off in the meantime.

So the next thing the bank says is if we are interested in buying the house they would be glad to talk to us about that.

The truth of the matter is we love this little house,, but its got SERIOUSE problems. A leaking roof thats doing lots of dry wall damage in the newer area and there are some BAD cracks in one of the bedrooms which we suspect is from the same thing.. but we wouldnt know because the attic has been sealed off... total lack of insulation in the addition.. the wiring is so out of date you cant hook up a dryer and according to an electrician it cant be insured this way. A leaking water pipe that has been patched up by a plumber twice since we have been here ,, and which within a week went back to leaking .... the last plumber said it was a problem in the crawl space there and he didnt want to touch it would be 'opening a can of worms' .......... the backroom (crawlspace there too) where one corner of the room is so 'off' we had to use a medium sized book to prop one end of a table up.... and a double panel window seat glass that has gotten moisture in it and would have to be drilled, vented and resealed.

So.... now for the question ! (your like finally right?)

Do WE pay the bank our rent payment (they have already told us when I asked if something catastrophic happened would they be fixing it ... to which they replied 'uh no we dont actually own the house so we are limited legally on what we can do). Or do we hold onto the rent money since they DO NOT legally own it yet as that can take six to eight months and save that money to use as rent and deposit on a new place?

Also... would it be smart to pay for an inspector to come look at the house,, write down all the problems,, then make two copies and send one to the bank so THEY can see just what they are getting themselves into if and when they take possession? I wonder this because if they KNOW just how cheaply they will have to sell the house for they may choose not to take posession at all and we could stay here indeterminantly.

On the negative side my husband already did pay them the landlords rent for december....... which I objected strongly to because they dont OWN it. I wonder now if he hasnt somehow entered into a legal contract with them by doing that.

They say they cant renegotiate the rent payment (i assume this means legally because they indeed dont have ownership of the property until the legal hearing to take it from the owner) and Im pretty sure they have no interest in being landlords so.. then what?
 Quoting: Anonymous Coward 832231

you must check with a real estate atty. most give free consults.

in a case like this your contracts with the landlord. they do not have ownership - foreclosure takes awhile and must be filed and settled in court. the act 91 is the notice of intent the owner received and thats a 90 day notice of intent to foreclose. states can take anywhere from 60 days to 2.5 years to foreclose, again you have to check with your state.

many states in lieu of the foreclosure crisis enacted laws that protect tenants from evictions, to honor their leases. however, the terms of these protectorates vary from state to state.

as it stands right now, since they do not have a court order of possession, youre under no obligation to this bank. they cant even evict you UNTIL they have legal possession.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Queen Of Mean / VENOMmennonn

*Dont fuck with me; ill jump on my menstrual cycle & run your ass over ;)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Every closed eye is not sleeping, and every open eye is not seeing
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The universe responds NOT to what you want.....it responds to what you are being.......are you being what you want?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
the karma cafe has no menus. you get served what you deserve
~~~~~~~~~~~~~~~~~~~~~~~~~~~~

political correctness is a doctrine.... fostered by a delusional, illogical minority...... and rabidly promoted by an unscrupulous mainstream media; which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Visit The Official GLP Store
[link to www.cafepress.com]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Subscribe to TheRawFeedLive On YouTube
[link to youtube.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Become a member & subscribe to the GLPVC Podcast
[link to members.therawfeedlive.com]
GLPVCpod9
Avian

User ID: 801787
United States
12/29/2009 12:59 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
If he's in default and they haven't actually foreclosed on him then he's still technically the owner.

DO NOT PAY RENT TO SOMEONE WHO DOESN'T OWN THE HOUSE. A LIEN ISN'T GOOD ENOUGH.

If they don't have the authority to fix shit, they don't have the authority to evict you.

Save your money because you don't have to pay your landlord OR the bank until he either gets out of default or they foreclose.

Sincerely,
a former landlord who got foreclosed on
 Quoting: C74R1TY-44



correct answer
"When plunder becomes a way of life for a group of men living together in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it."
- Frédéric Bastiat

food, water, ammo, weapons, battery back up solar, hand well pump, wood stove and 1 year of food...oh yeah PM's too...good luck
Anonymous Coward
User ID: 832060
Canada
12/29/2009 01:04 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Little fixing up is good for the soul.. the bank can not assume your rental agreement until the old one has been terminated.

If they want you to assume the mortgage make sure they re-asses the property at it's true market value and get them to toss in another 20.k from that tarp fund so you can bring everything up to date.

Every one has to pay rent some place.. it might as well be toward your own mortgage. Phuck the landlord, take it if you can.
Anonymous Coward
User ID: 793102
United States
12/29/2009 01:13 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Well I'm currently going through the same issue so here's the best advice I can offer after much research.

First of all, if the landlord is not paying the mortgage but still collecting rent, that is called "rent skimming" which is illegal. The bank has no right to accept any payments until the house has been completely foreclosed on and it is out of the owner redemption period. Even if the bank takes possesion of the property, they still have to provide you with notice to move. Only then can they request you pay them rent. The bank still has to honor your lease unless they provide you with written notice indicating the new owner would like to take immediate possesion of the property and move in. They cannot make you move if you still have a lease without notice. Technically they have to honor the lease, unless the owner desires possession.

If the bank is the legal owner of the property and requests payment, you have to pay them, if not and there is a new owner, if they chose to continue the agreement with you, they wil provide proof and you will pay them.

But to keep yourself legally clear, send a certified letter to the landlord indicating that you have receievd documentation that the house is in foreclosure and in order to protect yourself, you will be setting up an escrow account. Let him know that all rent money will be deposited into that account and at such time he presents documentation that the property has been redeemed from foreclosure and back in his ownership, all past due rent will be paid. Until then, put all of your rent money into that separate escrow account. Do not put it with your personal account, the money cannot comingle. If you don't have one already, get a copy of the Notice of Foreclosure and be sure to keep it. This is a public record and can be obtained through your county records office.

If you are taken to court for eviction by the owner or the bank, all you will have to do is provide the paperwork showing the foreclosure, a copy of your lease and provide proof of the escrow account and the money in it. That way, if the judge tells you to pay, you have the money to do so. Since the landlord has defaulted on the mortgage he has breached his lease agreement with you, so you could take that money and move into a nicer home. But at least this way you're covered all around.

Hope this helps.

 Quoting: beautyisskindeep 852253


EXCELLENT ADVICE!


hf
anonymous
User ID: 851975
United States
12/29/2009 01:23 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
go to the bank and speak with the bank assistant manager and work out rent payments.. shut up about the repairs or your rent will go up if they get fixed .... fix what you can at the house ..pay rent on time.. it is cheaper than moving ...get a brain.. ..or move out .
Anonymous Coward
User ID: 779557
United States
12/29/2009 01:33 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
don't pay anyone anything. save the money and wait it out.
then move into a new place.
Anonymous Coward
User ID: 373170
United States
12/29/2009 01:36 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
Something sounds a lil fishy, First of all, how would they know you are renting the aforementioned house? How would they get your Phone number?
 Quoting: Foxx.



easy, go to yellowpages.com, do a reverse address search and it gives you the # and name of person listed at that address. So long as your listed your easy to find.
Anonymous Coward
User ID: 825463
United States
12/29/2009 01:44 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
ROOF Program Rents Detroit REO Back to Borrower
By JON PRIOR
December 2, 2009 3:13 PM CST

The ROOF (Retaining Occupancy on Foreclosure) Agreement, a program designed to reduce vacant homes in Detroit, Michigan, was introduced to several large servicers and lenders in November.

ROOF was created by the Detroit Office of Foreclosure Prevention and Response (DOOFPR) and Potestivo & Associates, a legal service provider to the default servicing industry. ROOF allows the previous owners of a property to stay in the home for up to three months after foreclosure.

The ultimate goal of program is to reduce foreclosures in a city plagued by blight and unoccupied foreclosures. If the program succeeds, values of Detroit homes will stabilize.

The occupant must pay all utilities, heat, water and electricity, and a monthly fee will be instituted on a “sliding scale” based on how much the owner can pay. At the end of the three-month term, if the property has not sold, options to renew would be available.

Steve Bancroft, the executive director at the Detroit Office of Foreclosure Prevention and Response told HousingWire in an exclusive interview for an upcoming issue that two lenders are currently participating in the initial stages of the program. He could not disclose which ones, but he did say that they were two of the top lenders in the market.

“Right now we’re going to be trying it as a pilot,” Bancroft said. “We’re going to try it for a little while, not sure how long, and see how it works.”

Bancroft recently spoke at Safeguard’s Nationa Property Preservation Conference in Washington DC. There, he revealed that brokers selling vacant real estate owned (REO) property could expect to get an average of $8,000 in Detroit for the home. Occupied, the amount jumped to $80,000 for a foreclosed property.


[link to www.housingwire.com]
crazycanuck
User ID: 807970
Canada
12/29/2009 01:48 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
You should neither pay the landlord (who may spend the rent money you pay him) or pay the bank (since they are not legal owners). Meanwhile, put the money in what is called an "escrow" account, in other words, you set up a special account for the rent payments only, let the bank know you have done this but do it at your own bank and not the landlord's bank. This shows that you are covering the payments as you legally must, but does not let the money be used by either the landlord or tenant until legal title is settled. And, for your own peace of mind, talk to a lawyer, there are many free legal clinics that can answer this question for you.......oh, and GOOD LUCK!
hf
crazycanuck
User ID: 807970
Canada
12/29/2009 01:48 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
I meant to say used by the landlord or the bank, sorry!
Anonymous Coward
User ID: 333904
Netherlands
12/29/2009 01:49 PM
Report Abusive Post
Report Copyright Violation
Re: The landlord let the house go into default and now the bank wants our rent payments???!! What to do!?
You have to pay the bank the rent, that is if the bank is indeed now the official owner of the property. At least that's what I have learnt from classes in civil law over here.

News