58 replies to this topic

[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.

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?

unsure about lender but doesnt the 'month to month' part of the lease override anything else (that upon 30 day notice she must be out). i'm 99.999% sure she said she's out of the 1 yr lease and into the month to month. i do hope i'm wrong though would be nice if the 90 day law did override it though

[orangecrush]

unsure about lender but doesnt the 'month to month' part of the lease override anything else (that upon 30 day notice she must be out). i'm 99.999% sure she said she's out of the 1 yr lease and into the month to month. i do hope i'm wrong though would be nice if the 90 day law did override it though

If the lease is month-to-month, she is still entitled to a 90 day notice.

Edited by orangecrush, 12 June 2012 - 02:39 PM.

[beli]

unsure about lender but doesnt the 'month to month' part of the lease override anything else (that upon 30 day notice she must be out). i'm 99.999% sure she said she's out of the 1 yr lease and into the month to month. i do hope i'm wrong though would be nice if the 90 day law did override it though

If the lease is month-to-month, she is still entitled to a 90 day notice.

really? I thought if it was month-to-month they can give any time frame they want. Guess you're right at least according to nolo.com

Renters in Foreclosed Properties No Longer Lose Their Leases
Before President Obama signed the "Protecting Tenants at Foreclosure Act of 2009," most renters lost their leases upon foreclosure. But this legislation provided that leases would survive a foreclosure. The tenant could stay at least until the end of the lease, and month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants).

http://www.nolo.com/...heir-30064.html

Edited by beli, 12 June 2012 - 03:19 PM.

[Tigz]

I feel bad for her, but she has known for a while that the home was in foreclosure.

It seems that she needs to apply for some public assistance and/or start looking for an apartment in her price range. She should have been looking into this for a while now since she knew what was coming.

If she can turn it into the 90 days (ref posts above), she needs to spend that time trying to get into another apartment and not stick her head in the sand like she has done up to now.

[luckydriver]

unsure about lender but doesnt the 'month to month' part of the lease override anything else (that upon 30 day notice she must be out). i'm 99.999% sure she said she's out of the 1 yr lease and into the month to month. i do hope i'm wrong though would be nice if the 90 day law did override it though

If the lease is month-to-month, she is still entitled to a 90 day notice.

really? I thought if it was month-to-month they can give any time frame they want. Guess you're right at least according to nolo.com

Renters in Foreclosed Properties No Longer Lose Their Leases
Before President Obama signed the "Protecting Tenants at Foreclosure Act of 2009," most renters lost their leases upon foreclosure. But this legislation provided that leases would survive a foreclosure. The tenant could stay at least until the end of the lease, and month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants).

http://www.nolo.com/...heir-30064.html

this looks pretty good to me..she actually has an appt to get a mortgage tomorrow so i hope she gets it (other house closeby)

[Tigz]

unsure about lender but doesnt the 'month to month' part of the lease override anything else (that upon 30 day notice she must be out). i'm 99.999% sure she said she's out of the 1 yr lease and into the month to month. i do hope i'm wrong though would be nice if the 90 day law did override it though

If the lease is month-to-month, she is still entitled to a 90 day notice.

really? I thought if it was month-to-month they can give any time frame they want. Guess you're right at least according to nolo.com

Renters in Foreclosed Properties No Longer Lose Their Leases
Before President Obama signed the "Protecting Tenants at Foreclosure Act of 2009," most renters lost their leases upon foreclosure. But this legislation provided that leases would survive a foreclosure. The tenant could stay at least until the end of the lease, and month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants).

http://www.nolo.com/...heir-30064.html

this looks pretty good to me..she actually has an appt to get a mortgage tomorrow so i hope she gets it (other house closeby)

Pardon?

[orangecrush]

Pardon?

Don't...

[beli]

Pardon?

Don't...

Yeah really.. because last thread I saw on this situation(scumlord situation) the person renting was unemployed if I remember correctly which is why she couldn't move to begin with?

[luckydriver]

oh trust me, i give her the tough love and i know the broker is just setting her up for disappointment...i told her point blank going from insurance to real estate isnt the same line of work so they wont accept your 6 month job as income. then i told her that when they send employment verification and her boss checks the box that says temp employment she will be sunk..but for some reason she thinks her not telling them that she is a temp will get past scrutiny. ..i fully expect in the near future to hear that they wont give her a mortgage..plus yes her not having a job in a few months is really kinda a hurdle to buying a house, i agree. the good thing about all this though is if her credit improved to where she can qualify for a mortgage, that in itself is pretty good

i told her suck it ujp and tell the boss you will stay as PERM employee then at least you would have a chance at the mortgage.

[luckydriver]

SHE HAS UNTIL AUG NOW!!

bank backed down...love the 90 day advice!

[orangecrush]

She needs to tell them to put the effective date of the notice in writing. Sh also needs to keep records and stop going on verbal assurances. If they cannot prove that they gave her notice already, then she gets 90 days from when they do.

[luckydriver]

i didnt not discuss the particulars with her but i do know she had emails back and forth a month ago and she deemed that written notice of 30 days at the time..i told her how can they prove she got the notice and she said she hit reply and included the other email

hopefully her mortgage comes through for her

[Nemeweh]

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's an effing idiot. To loose your kids because you refuse to take a job being offered to you because "it's too stressful"?? GTFOH. Tell that silly trick, stressful is working TWO jobs from 8am-5pm and 7pm-3am. Plus an hour commute. That moron doesn't know "stressful".

I feel bad for her, but she has known for a while that the home was in foreclosure.

It seems that she needs to apply for some public assistance and/or start looking for an apartment in her price range. She should have been looking into this for a while now since she knew what was coming.

If she can turn it into the 90 days (ref posts above), she needs to spend that time trying to get into another apartment and not stick her head in the sand like she has done up to now.

What Tigz said. I am not feeling sorry for her in the slightest, and honestly you shouldn't either.

[luckydriver]

She's an effing idiot. To loose your kids because you refuse to take a job being offered to you because "it's too stressful"?? GTFOH. Tell that silly trick, stressful is working TWO jobs from 8am-5pm and 7pm-3am. Plus an hour commute. That moron doesn't know "stressful".

the job has nothing to do with the eviction and the kids...u should read more carefully so as not to confuse the two. her house was foreclosed on and she cannot find a rental in her school district. she must stay in the school because of the needs of one of her kids. so if she was forced out of her house 'immediately' as the guy that bought it wanted to do, she would need to move herself into a tiny space and the kids couldnt follow. they would have to be with their dad. i dont think even people of means could find a rental 'immediately' and move but then again i've never been in the position. maybe it is easy and stress free. now she has 2 months more of living in her rental and should be able to get something else in the meantime. therefore the separation of children shouldnt be an issue. i hope i've separated the 2 issues enough for you to understand. job has nothing to do with foreclosure and housing. foreclosure had everything to do with kids being separated

[Tigz]

Her temp job has everything to do with it.

How is she going to get a mortgage with:
1. No money in the bank for a down payment.
2. A temp job with only 6 months with them.
3. A temp job that apparently only pays enough for her to live in a shabby rental.

The school district will have to provide for the special needs child. If the new school will have to set up the same program for the child. If they are not equipped, then the child should be able to remain at his/her current school.

You act as if she is dirt poor (will have to live in a room above a bar - or something like that - or live on someone's spare couch, will have to give up her kids, etc) So how is she going to be able to afford a mortgage at all?

If the house is as bad as you say it is, then it is parental negligence on her part to let those children live there. They may be better off with their father.

[luckydriver]

UPDATE

apparently i got my wires crossed..the house was not sold..the bank took it back.. a realtor and a rep from the bank came in last week to try to bully her out..rather forcefully...she had even told them she would be home that day (they normally woudlnt expect her home during the week) and they were surprised when she was there. guess their memories are bad. she reminded them of the 90 day law and they didnt respond to that at all. my guess is if they had a leg to stand on the sheriff would be in tow to evict her but as we all knwo thats not gonna happen.

also since she got rid of her sofa in anticipation of being kicked out, she has a 'camping' situation in the living room now and they realtor complained about tripping hazards and she cant show the house like that because the bank is liable etc. well if my friend had known the law that she couudl stay there she would still have her sofa..so them not informing her kinda contributed to the situation. plus the fact is there are no stipultions in her rental agreement to even show the house. so i dont even know how they can legitimately do that. but now that i know the bank is responsible for anything bad that happens in the house they own, maybe i should go around getting into accidents in rentals lol..i never knew that was the law. very weird. guess leaves renters off the hook? i dont get it.

the realtor was very nasty to her but the banker kept her mouth shut..she thinks the realtor just brought the banker there for 'backup' so to speak. since the bank has the house and by any account my friend will be out in august, and they have had it this long, i dont get what the rush is? they are getting her rent and it's not like there's no money coming in to them. they also had the nerve to ask if she is interested in buying the house..thats pretty funny.

[beli]

In this situation, it doesn't matter what her lease says really. The bank owns the property and are acting like landlords, therefore she needs to read up on her landlord tenant laws for her state. They have to give her so much notice before they can come into the place unless it's an emergency, usually it's 12-24hrs notice. As far as showing the place it will be stipulated in the landlord/tenant laws as well. They have right to show the place anytime they want regardless of whether someone is living there or not. They *DO* have to give the tenants notice so they can get the place cleaned up, suitable for showing etc. Most usually just wait till they've moved out.

Think about it, if the bank/landlord owns a property why would renters be responsible for accidents? Someone else owns the property, not the tenant. Now that said, IF something were to happen there's no law that states they can't go after both the renter/owner but most people usually just go after the owner figuring the renter has no money.

Edited by beli, 26 June 2012 - 07:54 AM.

[luckydriver]

Think about it, if the bank/landlord owns a property why would renters be responsible for accidents? Someone else owns the property, not the tenant. Now that said, IF something were to happen there's no law that states they can't go after both the renter/owner but most people usually just go after the owner figuring the renter has no money.

it seems against 'common sense' for a homeowner to pay for what their tenants 'do' or are responsible for. i still cannot believe that if i visit her house and have an accident there..trip over rug, down steps etc. that the bank would have to pay me, not her. the bank has no control over her carpets, if her furniture collapes and the bolt stabs me thru my asscheek etc etc. lol

[beli]

Think about it, if the bank/landlord owns a property why would renters be responsible for accidents? Someone else owns the property, not the tenant. Now that said, IF something were to happen there's no law that states they can't go after both the renter/owner but most people usually just go after the owner figuring the renter has no money.

it seems against 'common sense' for a homeowner to pay for what their tenants 'do' or are responsible for. i still cannot believe that if i visit her house and have an accident there..trip over rug, down steps etc. that the bank would have to pay me, not her. the bank has no control over her carpets, if her furniture collapes and the bolt stabs me thru my asscheek etc etc. lol

I don't know how much more simple I can make this.. the bank/and or landlord has insurance on their properties. Usually, renters don't unless their landlord makes them have it, which I haven't ran across in all my years renting. So, the claim goes against the bank/and or landlords insurance NOT the renter. I take it you haven't rented much have you?

Now, that's not to say someone COULDN'T possibly sue the renter, just that it makes the landlord liable as well because it's their business.

[luckydriver]

heck no id never rent until i was old and didnt want to worry about maintenance and shoveling snow oh wait, when you rent a house you still have to do that anyway...ick.

but now i'm at least aware of another legal ramification i didnt know about before. very good info!

[sirrowan]

She should really look into some advocacy group in her area to help her assert her rights. She could start by calling Legal Aid or some such????

Going off what you hear here is not the best thing to do. Just saying....

[orangecrush]

You people are getting on my nerves.

1. The bank needs to give her 90 days notice to vacate.

2. She doesn't need to cooperate with showing the house.

3. She needs to file a complaint against the realtor that showed up.

4. Unless the bank that owns this house, is small and has a local branch, I doubt a bank rep showed up with the realtor.

5. Your friend needs to stop guessing and find out what is going on. If the foreclosure were complete, she should have gotten at least a few letters from the court. She should call the courthouse or search public records and see if the house has actually been foreclosed on.

[orangecrush]

In this situation, it doesn't matter what her lease says really. The bank owns the property and are acting like landlords, therefore she needs to read up on her landlord tenant laws for her state. They have to give her so much notice before they can come into the place unless it's an emergency, usually it's 12-24hrs notice. As far as showing the place it will be stipulated in the landlord/tenant laws as well. They have right to show the place anytime they want regardless of whether someone is living there or not. They *DO* have to give the tenants notice so they can get the place cleaned up, suitable for showing etc. Most usually just wait till they've moved out.

Think about it, if the bank/landlord owns a property why would renters be responsible for accidents? Someone else owns the property, not the tenant. Now that said, IF something were to happen there's no law that states they can't go after both the renter/owner but most people usually just go after the owner figuring the renter has no money.

If she has a lease, it does matter what is says. The bank being her landlord, doesn't change a thing other than giving her more rights.

They do not have the right to show the house anytime they want. It depends on the lease.

Seriously, you don't know what the hell you are talking about with regards to tenants' rights after foreclosure.

Edited by orangecrush, 27 June 2012 - 11:44 AM.

[luckydriver]

i guess this proves the banker is a bitch..in retaliation for my friend reporting her to her boss, she called child services on my friend..they were out last night...the guy said there's nothign wrong, i can walk around just fine and it's obvious you are packing boxes so some mess is expected. also the kids have own beds, bureaus etc and everything is hunky dory...oh wait, he did say it's summer and she really should pack away her winter sweaters. hope the kids dont get take away for that serious infraction

[Tigz]

Well, If you remember, I said it before. If she is living in such deplorable conditions and exposing her children to such conditions, then it could be considered neglect.