I rent a house in foreclosure, landlord is abusive, evasive. see

I rent a house in foreclosure, landlord is abusive, evasive. see

Homestead, FL · Member since 2016 · 19 posts · 0 votes

I live here in Homestead Fl a 3/2 1900 Sq ft.

I began renting this home on 7/01/2015. with a standard written yearly lease. I was never told the house had been in foreclosure since 11/01/2014. In fact on day of original lease signing the landlord said, when I asked him how long can I stay. "i'm not retiring for 5 years so don't worry about moving". You can even buy the house if you want to later maybe. I found out in the mail about the pending foreclosure 8 months later. I have been worried, have anxiety, losing sleep, always looking out window for someone coming to evict me, people taking pictures of the house and my dogs, ever since. He assures me don't worry trust me but the case keeps moving forward. He is fighting foreclosure has and an attorney .The absolute "final judgement" foreclosure date is imminent 6/5/2017. I had renewed the lease last year on renewal date 7/01/2016, he the raised rent and wanted to go to monthly lease, i said no way, so it was extended to 10/01/2017.

Recently i asked him about the case pending. he said "there is no "f****** Case" "This has nothing to do with you ! I have spoken to the foreclosure attorney for the bank..he says the eviction is moving forward and unless there is some sort of agreement the house will be taken and the time line i have to be out would be the end of July.

Im scared that i will get a eviction notice from county or him or keep my deposit and last month. His texts sound bizarre and "unhinged".He said i could buy with a short sale from him, i said i will try but need you to contact bank and submit a "short sale package provided by the mortgage company..i sent him a link.. he then said its not going to happen. At this point, i text him and say, I'm sorry and i hope that he is able to save his home. I said "you know me that's not just because i live here" nothing but courteous and understanding of his position..He then texted half a dozen or more weird single line texts.. He became abusive. Texted me ."F*** it" "MOVE NOW" "I dont give a F*****".

He keeps saying "He has never screwed me so to trust him"..

He says it so much its like, it is always a option.

Scary stuff . I have saved all the texts.

He then sent another text asking about my care of my ex-wife in the home . Asking about her remission alluding to the effect that i'm the only one to be living in the house . ( making me worried that's he is devising some strategy to screw me over).

I told him the truth, she doesn't live here ,never has ,she lives with her mother in Palmetto Bay ..has a beautiful home. she just needed help when she takes her Chemo drugs and a couple days after.(do you believe this guy)

I had authorized this with him in writing. If it was okay with him if i helped her recover in the home when she got out of the hospital back in October of 2016. he said no problem. i have that on email or text too.

I always pay on time I have the receipts of deposits to his account on the 1st of every month or sooner (2 years)... I am quite and respectful of the house and him. I am an excellent tenant, the neighbors love me, i dont deserve to be treated this way. I have always kept the house up. My own pocket..painting repairs . The lease is until Oct 1. 2017 but i think that the house might be taken before then. I have no idea whats going to happen. i need my deposit and last month total $2600. I want to move and buy my own home. Landlord has become vulgar and abusive. I feel threatened. Don't know what he is capable of.

I am retired 57 year old legally disabled Dade County paramedic.

please let me know if you can assist me, i am always available.

I paid this months rent today the 2nd of May. .

After i paid made the deposit in his bank and texted him to let him know, as i always do.he texts back and says "the short sale is back on. He will need access to the house to show it.

He said contact his attorney for anything.

I don't know if he is being truthful or not. A realtor friend i asked seems to think its not..for a number of reasons.

Is this even possible ?

As for me, I have "Excellent" credit, (760) a down payment, and a mortgage broker is working with me right now... she said pre. qual. is NP. and will have it up to 225K. I want to buy a house or stay here in this one. Staying in homestead fl. so i can stay in town where my best friend lives who is my ex-wife would be great.. Otherwise i fear that i will have to move away because the homes in this area are beyond a reasonable amount for me to pay monthly. 

I became a pro member here a while back with full intention of learning the business and really going forward with Foreclosures, short sales etc, but i got sidetracked with my ex wifes illness (more important). And honestly I think im realizing that im not as sharp as i used to be..that's just a fact.. i have to face it. ..i'm lost...I don't know where the truth lies, i've tried contacting a attorney but have had no responses yet.. plus a large retainer would take from my down payment.

Please, can anyone out there help me.

What should i do. 

If someone wold like to speak with me..i can give you my phone number.

Thank you

Sincerely Chris


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Natalie KolodijBusiness Member
Moderator
Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
9y

Once it's listed for auction it's kind of a done deal. 

We had the same thing happen several years back where they kept assuring us they were working with the bank. We kept sending them the posted notices from the bank. Once it was listed on the county record as going up for auction we basically put our foot down and said we're moving out (we were month to month) and to return the deposit in full as they have no legal right to hold it at that point, the house would no longer be theirs. 

I would contact the county- see if you can hunt down any information. 

Maybe get legal shield and have a lawyer draft him a letter notifying of your intent to vacate the house given that per registered notice it won't be his soon?

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  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    9y

    Once it's listed for auction it's kind of a done deal. 

    We had the same thing happen several years back where they kept assuring us they were working with the bank. We kept sending them the posted notices from the bank. Once it was listed on the county record as going up for auction we basically put our foot down and said we're moving out (we were month to month) and to return the deposit in full as they have no legal right to hold it at that point, the house would no longer be theirs. 

    I would contact the county- see if you can hunt down any information. 

    Maybe get legal shield and have a lawyer draft him a letter notifying of your intent to vacate the house given that per registered notice it won't be his soon?

  • Linda WeygantPro Member
    Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
    9y

    I think you should relax.  Your landlord is going through some horrible drama and it's bleeding through to you.  You have a lot of rights as a tenant.

    If you have a valid lease, then the first thing you should do is read through it.

    Look for a clause that discusses what happens in the event of a sale.  If the lease is silent on this topic, then generally whoever takes possession of the house, whether that's the bank or a new owner, must honor the terms of your lease until it is finished.  You will just switch who you pay rent to.  You may be required to provide an Estoppel Letter to the new buyer.  This is basically a confirmation as to the terms of your lease - amount of your security deposit, amount of rent, end of lease and whether or not you are behind on rent are usually what is included in this letter.  Even if you aren't required to provide this letter, it is in your best interests to do so as it will help protect you later if there is a dispute as to anything that occurred in the past.  

    Look for a clause that discusses terminating the lease.  Usually, unless you are within 30 days of the end of the lease, you do not have to allow people in to see the house.  However, this might be covered in the sale clause I mentioned above.  If it states that you'll allow "reasonable" showings in the event of a sale, then work through a reasonable schedule.  You can require 24 hours notice for showings, showings within certain reasonable hours and no more than so many showings per day or week.  You have a right of "quiet enjoyment" of the house and do not have to be hugely inconvenienced.

    Make sure you continue to abide by all the terms of the lease.  Pay the rent on time, do whatever upkeep you are supposed to do and generally make sure you are toeing the line.  You don't want to give your landlord an excuse to take action against you.

    Your landlord is taking his frustration out on you, which is unfortunate.  If you're not sure how to interpret parts of your lease, then it might help you sleep better at night to pay for an hour's worth of time with an attorney and have them explain any sections you don't understand.  I personally think it's in your best interest to help the landlord with the short sale.  Be cooperative.  You'll probably get a new landlord that will treat you better.  But I would make sure you are ready to move by the end of the lease unless or until the new landlord verifies they want to keep you as a tenant.  

  • Homestead, FL · Member since 2016 · 19 posts · 0 votes
    9y

    Thank you for the advise. i plan on abiding by the terms of the lease. It says a 24 hour notice during  business hours. No 30 days from of the end of the lease stipulation. and no amount of times stipulation. The end of the lease is 5 mos "10/1 by the lease".

    If there is short sale "showings" I don't plan on giving him the run of the house for 5 months. Bringing any yahoo over that he decides too..so that they can scope out my things...i'm not paranoid at all but i watch the news..this is 2017. Maybe i should trust him..he hasn't screwed me over yet ?..Well actually he has..the day we signed the lease by not telling me it was in foreclosure..

    And doesn't it have to be shown by an authorized real estate agent? 

    Please excuse me if i sound upset..its because i am..at the situation..i think its understandable.

    I do thank everyone for there input..

  • Investor · Los Angeles, CA · Member since 2012 · 1k+ posts · 500 votes
    9y

    If the home gets foreclosed on, you'll potentially be offered cash for keys to relocate to prevent an eviction from taking place. This may or may not be offered from the bank or if a 3rd party purchases the property. 

    It may be an issue that he never disclosed that the property was in foreclosure when you signed the original lease. I'd be checking my rights and likely looking for a new place to move too. If the property is 5+ years delinquent, there's a strong chance he won't be keeping it via a loan modification. 

    Also, if you could potentially buy it via a short sale, that'd be an interesting route to go if you want the home as you may be able to get it at a discount.

    Best of luck,

  • Investor · PA · Member since 2013 · 1k+ posts · 602 votes
    9y

    If it's a short sale then you might be able to get a good price on purchasing the home. I would shop around and look to pay well under 225k unless you can find a 225k home that will appraise for 300-400k with a little work.

  • Investor · Miami Beach, FL · Member since 2016 · 486 posts · 216 votes
    9y

    Chris,

    You should really contact an eviction attorney for a legal consultation and I am pretty sure that the law is on your side.

    If I was in your shoes, I will check the case status with clerk of court.  It's pretty easy and free: 

    https://www2.miami-dadeclerk.com/ocs/Search.aspx

    Just put in the house owner's name, dates and you will be able to see the docket.  

    If the landlord does continue to maintain the property and abides by the lease than I would pay the rent until the actual final judgement of foreclosure which will state the date of the sale. This is where I will worry about continuing to pay rent because I won't be able to recover my security deposit and last month rent if the property sells. 

    After the sale date, there is normally 30 days before a title gets issued to a new owner and if the bank takes back the property then they will probably offer money to move.  Either way they will work with your to get voluntary possession of the property as they will be concerned of damages to the property more than anything else. However if the property goes to third party (an investor like us) then most of them will either let me stay in the place & continue to pay rent, negotiate a new lease or will ask you to move and give you some time to find a place. 

    Best of luck,

    Roman

  • Homestead, FL · Member since 2016 · 19 posts · 0 votes
    9y

    Thanks Brett,

    If he became delinquent on or about 7/2014 that's about 3 years. I checked and he had some previous loan modification back in 2008 or 9 something like that with a balloon 80k payment at end of mortgage or some such thing. Its been listed as Lis Pendins 3 times before including now.

    Yea i would love to try a short sale ,getting the truth about his intentions is a real problem.

    And yes i am getting my ducks in a row...the uncertainties and his intentions are a problem like i said.

    He could be an expert at this type of ...well,  fraud for lack of a better term. Trying to get me to leave before the lease end so he can keep my money then rent to someone else and do the same thing. If he is not paying the mortgage keeping the rent and just paying a lawyer to extend the foreclosure process...

  • Homestead, FL · Member since 2016 · 19 posts · 0 votes
    9y

    Thanks Roman .

    Question:

    If the gavel falls on 6/5/2017 against the homeowner is that  the day the homeowner no longer owns the house? At which time i could stop paying rents to get my $2600 last and security back. Would there be any advantage to put these rents into a separate bank account such as a escrow.or should i just keep them.

    I agree.. i need a attorney...i'm looking for one here in homestead Fl. that would be best.

    Question:

    If the bank gets the house back after the foreclosure can i submit a offer to them first since im in the house...and would i get preference from the bank seeing as how im already in the house ?

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