kicked out of rental before the house is even sold?

[luckydriver]

friend rents a house from a scumlord (SL). (her words) in the past year the bank enforced their rights to collect rent from tenants since the SL on the mortgage..the furnace exchanger cracked, literally a safety violation, but he wouldnt buy her a new one, instead he put portable heaters up and the township said thats not legal..thats just one example why she calls him SL

 

house sold a month ago at sheriff sale, unsure how much back taxes were plus the mortgage of course but someone allegedly wants to buy it. he wants her out RIGHT AWAY and the bank called her and told her that..she told the bank kids arent done school and i paid for a full month etc etc. so the bank relented and gave her '30 days' since she reminded them thats whats IN the contract. then they have the gall to tell her to clean up the house for an appraiser to come in, admittedly its' a pigsty at this point. but who's gonna clean the house when they were evicted? makes no sense. my assumption when the inspector comes in for the house that the guy wont get a new mortgage..how can you get a mortgage on a house in such disrepair? water constantly in basement etc etc.

 

so can the bank tell you to move out even if the new owner doesnt even own it yet? that makes NO sense to me. if the guy had the deed in hand i'm sure he could kick her out but how can someone who doesnt own a house kick someone out..makes no sense and why would the bank evict her without knowing if the guy can even get a mortgage..something doesnt seem right here

 

 

also the bank doesnt have her deposit, the SL does..she knows she probably wont ever get it back but does anyone know how to go about filing something here in PA that wouldnt cost a lot?

[orangecrush]

If the bank is the current owner, they can tell her to pound sand. Maybe the bank doesn't want her in the house. It is easier for a bank to sell a vacant house, than an occupied one. The guy who wants to buy the house is not kicking her out, the bank is. Makes sense to me. What doesn't make sense is why she is fighting to stay in a place that is a pigsty and needs repairs. Of course, if it is a pigsty, that must be her fault. A broken furnace doesn't cause filth.

 

She isn't being evicted. She got her 30 days notice. Sounds like she is on a month-to-month.

 

If the potential buyer's credit is okay, he can easily get a mortgage that includes repairs.

 

She can file in small claims court to get her deposit back.

[Quit Screwing Me]

Only the current owner, or their appointed agent (lawyer, property manager, etc...) can evict, AND THEN, they better do it legally. I don't know about anywhere else, but in NC, banks don't get special eviction privileges.

 

ETA: "Cash for keys" is fairly popular these days. It's generally done with owners, but maybe if your friend stayed in the house, and refused to leave, and made them go through the eviction process and then kept appealing the decision....maybe they'd pay her to go too. hahahah, you never can tell. And banks generally suck.

Edited June 8, 2012 by Quit Screwing Me

[orangecrush]

Only the current owner, or their appointed agent (lawyer, property manager, etc...) can evict, AND THEN, they better do it legally. I don't know about anywhere else, but in NC, banks don't get special eviction privileges.

 

ETA: "Cash for keys" is fairly popular these days. It's generally done with owners, but maybe if your friend stayed in the house, and refused to leave, and made them go through the eviction process and then kept appealing the decision....maybe they'd pay her to go too. hahahah, you never can tell. And banks generally suck.

 

 

It doesn't seem as if she is being evicted. It seems as if the bank is exercising the option to give her 30 days notice to get out.

 

C4K is for anyone occupying a house. Some banks will offer CFK. If they do the home needs to be clean and not destroyed on the inside. Also, a tenant that is not cooperative will get the boot and get nothing.

 

I speak with regards to Florida, but the eviction process for a foreclosure doesn't take very long.

[ICANHASMUNY?]

check her states' landlord tenant laws.

[luckydriver]

she was fighting to stay until winter when she planned to move before the heat was necessary. just more time to search for a place adn the portable heaters not only cost a fortunte, they are not legal per the twp.

 

legally i'm' pretty sure the landlord still owns the house. isnt that the point of a sheriff sale? to take possession from the owner to a new person who will pay all the debts? though with this 'assignment of rents' issue i guess the bank has the right to evict too.

 

i also believe stuff like this should be done in writing, i think it's very fishy someone tells you on the phone you have 30 days. how would a bank even prove they gave her notice if she refused to leave? just makes no sense legally.

 

and in fairness i gotta say if i was getting kicked out in 30 days i wouldnt spend any effort cleaning up so this new guys inspector can come in. anyone who buys a sheriff house expecting good is crazy. i know a furnance will only be a few grand and if you are handy you can do that yourself, along with the electrical and waterproofing. so this guy must have gotten a bargain to make it worth the effort. also it's the only house in the entire neighborhood with no offstreet parking and thats a real PITA sometimes.

[beli]

she was fighting to stay until winter when she planned to move before the heat was necessary. just more time to search for a place adn the portable heaters not only cost a fortunte, they are not legal per the twp.

i

legally i'm' pretty sure the landlord still owns the house. isnt that the point of a sheriff sale? to take possession from the owner to a new person who will pay all the debts? though with this 'assignment of rents' issue i guess the bank has the right to evict too.

 

i also believe stuff like this should be done in writing, i think it's very fishy someone tells you on the phone you have 30 days. how would a bank even prove they gave her notice if she refused to leave? just makes no sense legally.

 

and in fairness i gotta say if i was getting kicked out in 30 days i wouldnt spend any effort cleaning up so this new guys inspector can come in. anyone who buys a sheriff house expecting good is crazy. i know a furnance will only be a few grand and if you are handy you can do that yourself, along with the electrical and waterproofing. so this guy must have gotten a bargain to make it worth the effort. also it's the only house in the entire neighborhood with no offstreet parking and thats a real PITA sometimes.

have her check into her tenant rights during foreclosure(if this was a foreclosure). is she under a signed lease? if she is then if I rember correctly the bank has to honor that. it gets muddy if there isno signed lease.

Edited June 11, 2012 by beli

[luckydriver]

yes a lease which is why she reminded them of the 30 days in her lease...they wanted her out right away.

 

she's given up mentally though i think. will send kids away and live in an 85 dollar a week hotel for a bit

[beli]

At least have her look into cash for keys for tentants, she may get some money out of it.

 

 

http://www.google.com/#hl=en&q=cash+for+keys+for+renters&revid=17997873&sa=X&ei=QSvWT-rfF4G-8ASB7dyzAw&sqi=2&ved=0CAoQ1QIoBA&bav=on.2,or.r_gc.r_pw.r_qf.,cf.osb&fp=3f1469f1e9441b37&biw=732&bih=273

[blackberry74]

Is the lease she signed still valid since the house has been foreclosed on? But I'm confused on why anybody would be fighting to stay somewhere that's an unsafe slum and a pigsty to boot...especially with kids. I suppose she could check on what her rights are in this situation as every state is different, but I still don't know why she'd bother. I'd personally spend the time looking for somewhere to go with my kids.

 

Your friends have a lot of issues and problems...and you're the common denominator, Luckydriver. I think you have bad mojo.

[luckydriver]

i barely see this friend once a year so i doubt it's me plus who writes about all the good things in their lives? thats no fun..though i can get into my family and friends that have normal lives if y ou think that is interesting

 

or if i should write about what happens to me in a day, i guess i could do that..are people really interested in that?

[blackberry74]

Write about whatever you want...I'm just saying you got bad juju. The evidence is clear.

[beli]

Is the lease she signed still valid since the house has been foreclosed on? But I'm confused on why anybody would be fighting to stay somewhere that's an unsafe slum and a pigsty to boot...especially with kids. I suppose she could check on what her rights are in this situation as every state is different, but I still don't know why she'd bother. I'd personally spend the time looking for somewhere to go with my kids.

 

Your friends have a lot of issues and problems...and you're the common denominator, Luckydriver. I think you have bad mojo.

In a nutshell yes

 

http://www.combslawgroup.com/real-estate-law-blog/tenant-protected-after-foreclosure-if-lease-signed-prior-to-the-trustees-sale/

 

The Protecting Tenants at Foreclosure Act of 2009 (“Act”) provided that any bona fide residential lease entered into prior to the date of foreclosure would have to be honored by the bank or other new owner. This provision inCombs Law Group Phoenix residential tenant laws the Act was unclear but was generally interpreted in Arizona to mean that a bona fide residential lease must have been entered into prior to the date that the notice of the Trustee’s Sale was recorded (recording must be at least 90 days prior to the actual Trustee’s Sale).

[beli]

Is the lease she signed still valid since the house has been foreclosed on? But I'm confused on why anybody would be fighting to stay somewhere that's an unsafe slum and a pigsty to boot...especially with kids. I suppose she could check on what her rights are in this situation as every state is different, but I still don't know why she'd bother. I'd personally spend the time looking for somewhere to go with my kids.

 

Your friends have a lot of issues and problems...and you're the common denominator, Luckydriver. I think you have bad mojo.

In a nutshell yes

 

http://www.combslawgroup.com/real-estate-law-blog/tenant-protected-after-foreclosure-if-lease-signed-prior-to-the-trustees-sale/

 

The Protecting Tenants at Foreclosure Act of 2009 (“Act”) provided that any bona fide residential lease entered into prior to the date of foreclosure would have to be honored by the bank or other new owner. This provision in Combs Law Group Phoenix residential tenant laws the Act was unclear but was generally interpreted in Arizona to mean that a bona fide residential lease must have been entered into prior to the date that the notice of the Trustee’s Sale was recorded (recording must be at least 90 days prior to the actual Trustee’s Sale).

 

While this references Phoenix.. the law itself is a federal law.. feel free to look it up if you don't believe me as long as there is a lease signed they have to honor the terms of the lease... which is why I mentioned cash for keys since the bank is pushing her out before her lease is up.

Edited June 12, 2012 by beli

[Tigz]

However, if the house isn't up to code then the bank could have the city condemn it and she would have to move out immediately.

 

A house can still be sold as condemned if it is understood that the new owner has to bring it into code, but as the house is not in code at the present, the tenant could be forced to move.

 

I also sort of want to remember that Luckydriver said something previous about the woman being on a month to month basis, and that there were some months that she did not pay/refused to pay, or something like that.

[orangecrush]

In a nutshell yes

 

http://www.combslawgroup.com/real-estate-law-blog/tenant-protected-after-foreclosure-if-lease-signed-prior-to-the-trustees-sale/

 

The Protecting Tenants at Foreclosure Act of 2009 (“Act”) provided that any bona fide residential lease entered into prior to the date of foreclosure would have to be honored by the bank or other new owner. This provision inCombs Law Group Phoenix residential tenant laws the Act was unclear but was generally interpreted in Arizona to mean that a bona fide residential lease must have been entered into prior to the date that the notice of the Trustee’s Sale was recorded (recording must be at least 90 days prior to the actual Trustee’s Sale).

 

Not necessarily.

 

If the lease amount is below market value, it doesn't qualify. That is a common way for the banks to get out of honoring a lease. There are other ways also.

 

Most banks will give tenants a 90 day notice though, just to be on the safe side.

[orangecrush]

However, if the house isn't up to code then the bank could have the city condemn it and she would have to move out immediately.

 

A house can still be sold as condemned if it is understood that the new owner has to bring it into code, but as the house is not in code at the present, the tenant could be forced to move.

 

I also sort of want to remember that Luckydriver said something previous about the woman being on a month to month basis, and that there were some months that she did not pay/refused to pay, or something like that.

 

If the tenants are willing to cooperate and are keeping the property up, the banks are usually willing to work with them. Sometimes, the banks will ask if they can show the house, while the tenants stay there. In those cases, the tenants often get good relocation money from the banks.

 

Other times, the tenants are hostile (rightly so, sometimes) or following bad advice and the banks will simply wait out the lease if only a few months are left on it.

[beli]

In a nutshell yes

 

http://www.combslawgroup.com/real-estate-law-blog/tenant-protected-after-foreclosure-if-lease-signed-prior-to-the-trustees-sale/

 

The Protecting Tenants at Foreclosure Act of 2009 (“Act”) provided that any bona fide residential lease entered into prior to the date of foreclosure would have to be honored by the bank or other new owner. This provision inCombs Law Group Phoenix residential tenant laws the Act was unclear but was generally interpreted in Arizona to mean that a bona fide residential lease must have been entered into prior to the date that the notice of the Trustee’s Sale was recorded (recording must be at least 90 days prior to the actual Trustee’s Sale).

 

Not necessarily.

 

If the lease amount is below market value, it doesn't qualify. That is a common way for the banks to get out of honoring a lease. There are other ways also.

 

Most banks will give tenants a 90 day notice though, just to be on the safe side.

I didn't know that part.. from what I researched for others facing simular situations (albet, house/apartment not in distress) was that if they had a signed lease prior to foreclosure the banks/owners couldn't do anything. I know one friend that it happened to and she worked out the "cash for keys" aspect of it because the bank wanted her out before her lease was up so she ended up getting money out of it. Not sure however if the rent she was paying was market value..

Edited June 12, 2012 by beli

[ICANHASMUNY?]

http://consumerist.c...-hot-water.html

 

 

http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf

[luckydriver]

Write about whatever you want...I'm just saying you got bad juju. The evidence is clear.

 

if you have no one with bad problems in their life you are definitely most fortunte..or a hermit

[luckydriver]

 

 

I also sort of want to remember that Luckydriver said something previous about the woman being on a month to month basis, and that there were some months that she did not pay/refused to pay, or something like that.

 

yes the no heat thing was in escrow and then paid out...techincally she shouldnt have even paid it but she did. and as noted in the other posts in this thread, complaining about code doesnt help her, it self evicts her

 

also her year has passed and she is on the month to month plan so i'm sure thats where she's really without legs here. also i just found out last night she corresponded with the bank about the 30 day thing so she cannot even claim she wasnt told. i had told her i'm pretty sure they need to give written notice. so in 2 weeks she will be in the bar hotel or her friends spare bedroom..but in either case she loses her kids which really bites.

[orangecrush]

 

I didn't know that part.. from what I researched for others facing simular situations (albet, house/apartment not in distress) was that if they had a signed lease prior to foreclosure the banks/owners couldn't do anything. I know one friend that it happened to and she worked out the "cash for keys" aspect of it because the bank wanted her out before her lease was up so she ended up getting money out of it. Not sure however if the rent she was paying was market value..

 

A lot of people have thought that and ended up evicted, without a dime in C4K.

[orangecrush]

 

yes the no heat thing was in escrow and then paid out...techincally she shouldnt have even paid it but she did. and as noted in the other posts in this thread, complaining about code doesnt help her, it self evicts her

 

also her year has passed and she is on the month to month plan so i'm sure thats where she's really without legs here. also i just found out last night she corresponded with the bank about the 30 day thing so she cannot even claim she wasnt told. i had told her i'm pretty sure they need to give written notice. so in 2 weeks she will be in the bar hotel or her friends spare bedroom..but in either case she loses her kids which really bites.

 

Has the bank given her a 90 day notice and all she has left is 30 days or has she only been given 30 days notice?

[luckydriver]

her 1st call from the bank was them saying someone bought the house and he wants her out immediately (absurd under any circumstance in my opinion)...then she reminded them of the 30 day thing in her lease apparently. so they stated ok, jun 23 you are out.

 

its more the immediacy that is killing her. forced to give your kids to an ex who's gf doesnt feed them and treats them like blank is just not a good thing. now they will be with him FT. compounding this is her temp job is over in a month or 2 and about a month ago she already told them she wouldnt even take the perm job if they offered it to her because it's too stressful.

[orangecrush]

her 1st call from the bank was them saying someone bought the house and he wants her out immediately (absurd under any circumstance in my opinion)...then she reminded them of the 30 day thing in her lease apparently. so they stated ok, jun 23 you are out.

 

its more the immediacy that is killing her. forced to give your kids to an ex who's gf doesnt feed them and treats them like blank is just not a good thing. now they will be with him FT. compounding this is her temp job is over in a month or 2 and about a month ago she already told them she wouldnt even take the perm job if they offered it to her because it's too stressful.

 

 

She is entitled to a 90 day notice, if she is paying fair market rent. She needs to send them a letter in writing, reminding them of the law.

 

Who is the lender?