Is there a way to find out if the house we are renting is under foreclosure or in fear of foreclosure. I found a letter in the garbage outside my house to my landlord stating he owes $6905.71 by 10/01 or foreclosure will take place. Looks like it's from a lawyer's offce/CA.

He has had issues before... He owed $2000 and he must have paid it because that was a few months ago. Now it's up to almost $7K.

I don't want to move yet as we are saving for a house and were planning to move in about 6 months. Does it sound like the house may be under foreclosure?

Letter states default as of 6/01/09 and as of 9/01 that is the amount owed.

I would think that letter should be enough and approach the landlord.

+1

I did ask him tonight, and I asked him last time. He denies that he got such a letter when I had it in my hand and read it.

He assures me he is not losing the house. He also tells me he is going to come fix stuff and never shows. Enough is enough with this man but I don't want to move only to move again when we are able to buy.

How long would I have to move if he faces foreclosure??

I did ask him tonight, and I asked him last time. He denies that he got such a letter when I had it in my hand and read it.

He assures me he is not losing the house. He also tells me he is going to come fix stuff and never shows. Enough is enough with this man but I don't want to move only to move again when we are able to buy.

How long would I have to move if he faces foreclosure??

Call your county clerk's office and explain your situation. Foreclosure is a public record and anyone can have access to that information.

Most states will allow you to list yourself as an 'interested party' to the action. That means the court will be aware you are living in the property and you will receive notices along with other interested parties. They will not summons you into court, nor are you financially liable for the mortgage or taxes but you will receive proper court notices.

It is nerve wracking to be in a tenant in a property going thru foreclosure. Usually you will be evicted by the bank holding the mortgage once the property has completed the process. Most lenders will offer you a 'cash for keys' deal. They will cut you a check for a peaceful move out, avoid eviction and you agree to leave the property neat and clean.

If you find out from the court a foreclosure is in the works, get yourself good legal advice from a real estate attorney in your area. A consultation is well worth it.

OK here's the story... Fear of foreclosure. Bank has not filed papers as of yet. I believe he has until 10/1/09 and this seems like a final warning. How far behind do you usually have to be to go under foreclosure?

This is a 2 family house. My MIL lives in the 2nd apartment so we are both interested.

County Clerk would be like the tax office?? Thanks for the info!

Run a search looking for your county clerk of the court website. There might be a name search. Type in his name and see if anything comes up. Also run a search looking for the tax office in your area and see if you can tell if he paid his property tax. Here in FL we can look all this up that is how I knew our rental was in foreclosure and gave me the timeline for foreclosure.

Tammy

He is behind on taxes as of July 1st. Almost $3000.

It's usually a longer process for the county to foreclose on a home for back taxes than it takes for a bank to foreclose on a mortgage held on the property. If the owner has his taxes included in the mortgage pmt and the payment isn't being made, he will be behind on real estate taxes as well.

Look up the term Clerk of Courts in your county. In larger counties the civil division is separate from the criminal division. You want the civil division. Ask to speak to someone about property records. If you go in person, they might be more sympathetic to you and your MIL. I found this to be true in smaller counties.

I would make the trip before your Oct rent is due to see where you stand. As long as the landlord is the current owner, he can evict you for non payment of rent even though he isn't paying his mortgage. Once the bank or the county forecloses, they are the ones that have to evict you. Even if the property goes up for sale, the current owner can purchase it back at the auction.

Make contingent plans for yourself and your MIL.

Tax collector says she has no info to give me except that his taxes are delinquent as of July 1st, 2009.

Issue here is that landlord is a sort of friend of my husband's. He wouldn't evict us. Husband wants to pay rent for October, I say NO. Would like some firm information I just can't seem to get!

The Tax Collector is not the same as the Clerk of Courts - all they have access to is the tax records. The Clerk of Courts is part of the judicial system and will have any foreclosure info.

Oh I see. Will have to try them tomorrow. Thanks!

Even if he is foreclosed on you still have to be evicted seperetely. You will know when the house is in foreclosure as a notice will be posted on the outside of the home. It usually has a section that says something about tenants and your rights. Any new buyer on the courthouse steps will need to go through an eviction process for you.

I've seen tenents live in a foreclosed house for quite some time. Any money your landlord collects from you and doesn't pay the mortgage with can be considered fraud (YMMV, IANAL).

Yes you still need to check county of clerk. I added to check taxes (plus it helps with checking for correct name spelling for running county of clerk search) b/c that generally helps tell which direction things are going with a home. Our landlord went into foreclosure about 2 months after taxes went past due. He had not been paying mortgage for about 6 months. I agree with others you are still require to pay rent; however, if foreclosure process has started you can (at least in FL) escrow it with the courts. This way the landlord doesn't get to pocket it. The main thing is to have enough notice not be caught off guard KWIM. We were able to take our time and move at little more on our timetable than say a 30 day notice.

Tammy

Just a general question....
I assume that the tenant cannot legally use the fact that the house is in foreclosure as a reason to withhold rent payments right?

That complication has nothing to do with the rent agreement the landlord and the tenant signed right?

Correct, failure to pay rent can result in an eviction for non-payment of rent.


Correct as well. The tenants have no legal right to know what is happening with the landlord's finances or property issues.

UP UNTIL the house is foreclosed on, there is no breach of contract by the landlord. Anything could happen, the landlord could pay all the back monies owed or the house could be sold which would NOT affect the tenants.

Once the house is foreclosed on, the existing lease is terminated by the bank and an eviciton notice may be given to existing tenants. Some will be immediately, while others banks do nothing for several months.

If a foreclosed home has been purchased by new owners, they would need to give a MINIMUM of 90-days notice for existing tenants to move.