I moved in 2 1/2 months ago and have paid my landlord a total of $4000 some one came to the door from the bank saying he had not paid the mortgage in 3 months and he owes $7000 dollars than a repo man delivered a notice that they wanted 10000 dollars for a voluntary repo of his car. he now lives in puerto rico I am about to have a baby and i don't no what my rights are, if I could be out tommorrow, if they could take my stuff when they come with a 24 hour notice, and no one can tell me anything because its not my mortgage and every website is to help landlords I was also told I need to keep paying him CRAZY HELP
2006-09-25 16:40:45 · 11 answers · asked by chrissydesdamis 1 in Business & Finance ➔ Renting & Real Estate
If the house goes into foreclosure, your landlord will no longer own it -- the bank will own it until it can sell it at a public auction. This process can take several months. If I were you, I would be looking fora new place to rent. You might contact the Legal Aid Society or other source of free/low-cost legal help in your community to find out exactly what your rights are.
2006-09-25 16:45:17 · answer #1 · answered by Califrich 6 · 0⤊ 0⤋
This scenerio happens quite regularly and I see it everyday in my business. First off STOP paying rent. Depending what state you are in will dictate the timeline for an eviction. You can bet once the foreclosure goes through at the county sale you will then receive an eviction notice. Once you receive notice of the eviction you are entitled to respond to the court usually within 10 days. This is the beginning of the eviction process and not the time you have to be out. Once the judge rules and gives possession to the bank that is usually your last days. In Texas you must be served with what is called a Writ of Possession before the Sheriff or Constable will physically make you move. That usually is the 24 hour rule you hear about. Good luck.
2006-09-25 23:16:28 · answer #2 · answered by Brian O 1 · 0⤊ 0⤋
The bank can certainly foreclose on his house. If you have a written agreement with him, you can sue him if the house is taken by the bank. But as the saying goes; you can't get water out of a rock. The mortgage company has the right to and could literally ask the sheriff to remove you and your belongings from the house; but they would not do that without giving you notice and some time to vacate. Hopefully the $4,000 doesn't include pre-paid rent, but I strongly suggest you find another rental house as soon as possible.
2006-09-25 16:55:47 · answer #3 · answered by DZ 1 · 0⤊ 0⤋
OMG im so sorry this is all happening to you. My sister is married with 3 kids and i just couldnt imagine something like this happening to her. Sounds like he took your money and skipped town so they probably would end up repoing the house. I would try to make other arrangements as soon as possible. I really do hope that this works out for you for the best. Just hope for the best and prepare for the worst, and good luck with your new baby! Also maybe you should contact a lawyer or find someone that could explain exactly what your rights are in this particular situation and the best route for your family.
2006-09-25 16:52:51 · answer #4 · answered by Autumn M 3 · 0⤊ 0⤋
newmexicorealestateforms answer should be marked best in this case. You are bound to your contract (lease) with the landlord. You need to keep paying rent to be in good standing on this agreement. If you don't pay your rent, then, your landlord and the bank in this case will have good reason to evict you. If you pay rent, then the bank must honor the agreement that they inherit. However, once the lease is up, you may have to find another place to rent. Good Luck.
2006-09-26 02:21:29 · answer #5 · answered by cooperbry 2 · 0⤊ 0⤋
First of all you have no privity to the agreement between the landlord and the bank and as such you can not be responsible for his debts. Second you have property rights as a tenant that can not be quashed simply by a foreclosure of the landlord's property they are protected under your state's landlord tenant act. In the event that the bank acquires the property they inherit the lease and you with it. Do not stop making payments on your rental agreement instead go to your local bank and open a savings account with your landlord's name on it with you as the custodial customer and make your payments to that account. If you "contact us" we will send you, free, all the links in your state that will assist you in researching the necessary information for you to understand the procedures and the protections extended to you from your state and their laws. I do recommend that you speak to a local legal beagle in preparation of what is yet to possibly come.
2006-09-26 01:16:57 · answer #6 · answered by newmexicorealestateforms 6 · 3⤊ 0⤋
Start planning to move the bank or mortgage company will give you notice if they foreclose on the property. You need to talk to the property owner and find out what is going on. Still prepare to move.
2006-09-25 16:46:51 · answer #7 · answered by Bigboi47 3 · 0⤊ 0⤋
It depends on how renter friendly your state is but most likely you will have to vacate the premises. Luckily you have a bit of time because the process for foreclosure is long (months, not weeks) but I'd look for another place.
2006-09-25 16:42:44 · answer #8 · answered by wangarific 4 · 0⤊ 0⤋
You can be, the bank can foreclose on the home and throw you out, unless you are able to follow through with obtaining the mortgage yourself.
2006-09-25 16:44:25 · answer #9 · answered by Deb 3 · 0⤊ 0⤋
stop paying your landlord..
if the property is on foreclosures
then when the bank foreclosed on that property, they will evict you. but they have to follow the state law of eviction, learn it! know it!
but the best bet is to move out asap
some info on foreclosure law
http://www.theforeclosuresinfo.com/foreclosure-law/law.html?
2006-09-25 17:09:27 · answer #10 · answered by Anonymous · 0⤊ 0⤋