Real Estate Question

[hortysir]

Looking for all the "arm-chair" and Real lawyers around here....

We've recently found out that the house we're renting is being foreclosed on.
We do not have a lease, so it's just on a monthly basis.
A record search shows that this has actually been going on since Sept. '07
If it had just been filed it probably wouldn't bother me so much as I know these things take time. But almost 4 years, now?? I feel like time is quickly running out.
Since there is no lease all they need is a 3 day eviction notice.
How do I stall?
Landlord lives 2 hours away.
We've already mailed the rent.
Should we stop-payment?
Such a pain in the ass to have to move again. even MORE of a pain in the ass to have to come up with first, last, and security.
Speaking of which; we only had to pay 1st and security for this place.

Any advice or tips??

 

[Mr. H.]

Maybe call the bank or whoever is foreclosing. They may like having a renter and continue it as a rental or at least keep you in there until they find a buyer.

 

[AllieBaba]

I've never heard of 3-day eviction until you've already used up all the 30-day eviction notices.

It usually goes something like this..you get a 30-day eviction notice...30 days come and go, landlord takes you to court...court date comes and they get a writ of whatever (more time) then once they have that order, they can issue the three day.

Why would you not pay your rent?????

 

[hortysir]

Maybe call the bank or whoever is foreclosing. They may like having a renter and continue it as a rental or at least keep you in there until they find a buyer.

Wife is on phone with them now, but it's like pulling teeth not being the name on the mortgage....

 

[AllieBaba]

Why would you not pay your rent and have you received an eviction notice?

If not, what's the problem? It's a rental. If it goes, you'll get 30 days to find new digs. Big whoop.

 

[hortysir]

I've never heard of 3-day eviction until you've already used up all the 30-day eviction notices.

It usually goes something like this..you get a 30-day eviction notice...30 days come and go, landlord takes you to court...court date comes and they get a writ of whatever (more time) then once they have that order, they can issue the three day.

Why would you not pay your rent?????

My rent has always been on time.
Just thinking we would need the money to put on the next place if the bottom falls out of this.

Here in FL, the 30 day is if you've paid the last month's rent. We just paid 1st and security deposit

 

[syrenn]

The bank is going to boot you out....

I would stop the rent check as quickly as possible...

Call the bank as quickly as possible and find out all of your options.

 

[Trajan]

Maybe call the bank or whoever is foreclosing. They may like having a renter and continue it as a rental or at least keep you in there until they find a buyer.

that has merit, it depends on what your payment is relative to the monthly mortgage the owner apparently isn't paying.

TO evict you they need a Marshall, right? so, lots happens in between, wait to see if you can contact the bank itself.

 

[Ravi]

I've never heard of 3-day eviction until you've already used up all the 30-day eviction notices.

It usually goes something like this..you get a 30-day eviction notice...30 days come and go, landlord takes you to court...court date comes and they get a writ of whatever (more time) then once they have that order, they can issue the three day.

Why would you not pay your rent?????

My rent has always been on time.
Just thinking we would need the money to put on the next place if the bottom falls out of this.

Here in FL, the 30 day is if you've paid the last month's rent. We just paid 1st and security deposit

Just don't leave. What was that movie where the creepy tenant couldn't be forced out....???

 

[Trajan]

The bank is going to boot you out....

I would stop the rent check as quickly as possible...

Call the bank as quickly as possible and find out all of your options.

in todays RE market, maybe not. they will want to rent it out while they look for a short buyer if they even list it, if thats their route....*shrugs*

 

[Trajan]

I've never heard of 3-day eviction until you've already used up all the 30-day eviction notices.

It usually goes something like this..you get a 30-day eviction notice...30 days come and go, landlord takes you to court...court date comes and they get a writ of whatever (more time) then once they have that order, they can issue the three day.

Why would you not pay your rent?????

My rent has always been on time.
Just thinking we would need the money to put on the next place if the bottom falls out of this.

Here in FL, the 30 day is if you've paid the last month's rent. We just paid 1st and security deposit

the hall of records will have the title on file with the lienholder listed, go see who it is....

 

[hortysir]

Just got off phone with R.E. Atty

Basically.....pay or move

I figure if we stop-payment we'd just stir the landlord's ire and see a quicker eviction notice.
I think we should just keep paying for now. I get a good bonus in September...use that to move.


Just a stressful way to spend my day off!!!
grrrr

 

[hortysir]

I've never heard of 3-day eviction until you've already used up all the 30-day eviction notices.

It usually goes something like this..you get a 30-day eviction notice...30 days come and go, landlord takes you to court...court date comes and they get a writ of whatever (more time) then once they have that order, they can issue the three day.

Why would you not pay your rent?????

My rent has always been on time.
Just thinking we would need the money to put on the next place if the bottom falls out of this.

Here in FL, the 30 day is if you've paid the last month's rent. We just paid 1st and security deposit

Just don't leave. What was that movie where the creepy tenant couldn't be forced out....???

Malice
Just saw it a couple weeks ago!

 

[syrenn]

The bank is going to boot you out....

I would stop the rent check as quickly as possible...

Call the bank as quickly as possible and find out all of your options.

in todays RE market, maybe not. they will want to rent it out while they look for a short buyer if they even list it, if thats their route....*shrugs*

The rent would go to the bank now...NOT the old land lord. As it stands now the land lord does not own the property... the bank does.

Sending a check to the old land lord is just money in his pocket. It would suck to have to pay rent twice.

 

[hortysir]

I've never heard of 3-day eviction until you've already used up all the 30-day eviction notices.

It usually goes something like this..you get a 30-day eviction notice...30 days come and go, landlord takes you to court...court date comes and they get a writ of whatever (more time) then once they have that order, they can issue the three day.

Why would you not pay your rent?????

My rent has always been on time.
Just thinking we would need the money to put on the next place if the bottom falls out of this.

Here in FL, the 30 day is if you've paid the last month's rent. We just paid 1st and security deposit

the hall of records will have the title on file with the lienholder listed, go see who it is....

Oh, we know who it is. They came to the door!!
They just won't give us any info since we're not on the mortgage....
Wife's on phone with another atty's office......probably call back tomorrow
I'm Googling and talking to ya'll trying to dig up ideas.

 

[Trajan]

The bank is going to boot you out....

I would stop the rent check as quickly as possible...

Call the bank as quickly as possible and find out all of your options.

in todays RE market, maybe not. they will want to rent it out while they look for a short buyer if they even list it, if thats their route....*shrugs*

The rent would go to the bank now...NOT the old land lord. As it stands now the land lord does not own the property... the bank does.

Sending a check to the old land lord is just money in his pocket. It would suck to have to pay rent twice.

yes of course, thats why I also advised him to go to the hall of records.

 

[AllieBaba]

The bank is going to boot you out....

I would stop the rent check as quickly as possible...

Call the bank as quickly as possible and find out all of your options.

in todays RE market, maybe not. they will want to rent it out while they look for a short buyer if they even list it, if thats their route....*shrugs*

The rent would go to the bank now...NOT the old land lord. As it stands now the land lord does not own the property... the bank does.

Sending a check to the old land lord is just money in his pocket. It would suck to have to pay rent twice.

If the rent is supposed to go to the bank now, I imagine the bank would have made that known to the tenants.

My guess is that the property is still the property of the original landlord for now, and until it isn't, the rent goes to that landlord, until you hear differently. The bank isn't going to come up in 2 weeks and say "whoops, you were supposed to pay us and we didn't tell you, so now you have to pay us even if you already paid the old owner".

I think horty is jumping the gun.

 

[syrenn]

in todays RE market, maybe not. they will want to rent it out while they look for a short buyer if they even list it, if thats their route....*shrugs*

The rent would go to the bank now...NOT the old land lord. As it stands now the land lord does not own the property... the bank does.

Sending a check to the old land lord is just money in his pocket. It would suck to have to pay rent twice.

If the rent is supposed to go to the bank now, I imagine the bank would have made that known to the tenants.

My guess is that the property is still the property of the original landlord for now, and until it isn't, the rent goes to that landlord, until you hear differently. The bank isn't going to come up in 2 weeks and say "whoops, you were supposed to pay us and we didn't tell you, so now you have to pay us even if you already paid the old owner".

I think horty is jumping the gun.

Good question.


horty.... has the property been foreclosed on...or in the process of foreclosure ?

 

[Zona]

Damn I am glad I dont deal with rent anymore....Haven't for years now.

Good luck, but 3 days? That does not sound right.

 

[hortysir]

in todays RE market, maybe not. they will want to rent it out while they look for a short buyer if they even list it, if thats their route....*shrugs*

The rent would go to the bank now...NOT the old land lord. As it stands now the land lord does not own the property... the bank does.

Sending a check to the old land lord is just money in his pocket. It would suck to have to pay rent twice.

If the rent is supposed to go to the bank now, I imagine the bank would have made that known to the tenants.

My guess is that the property is still the property of the original landlord for now, and until it isn't, the rent goes to that landlord, until you hear differently. The bank isn't going to come up in 2 weeks and say "whoops, you were supposed to pay us and we didn't tell you, so now you have to pay us even if you already paid the old owner".

I think horty is jumping the gun.

Lady at the mortgage company told us we'd be receiving a letter "shortly".
:shrug:
I like to call it covering my ass and being prepared instead of jumping the gun

From what I see of the public records this guy has stopped 2 other cases in the past, so we might be okay for a spell.
Like I said....I think I'll just wait until bonus time and find some place we won't have to worry about.

Sorry to be a pain, ya'll.
Everything was coming in rather sudden and I was "reaching out"!!

Thanks to all