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Old 10-21-2010, 05:18 PM
 
5 posts, read 7,427 times
Reputation: 10

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Hi,

My parents separated and money has been a huge issue with some properties and now my mom is forced to try and have a short sale on a house in Fresno, CA. However, that house has renters that opened a letter (addressed to my dad) about my dad's mortgage on showing that they missed a payment on the mortgage. They saw this and told my mom they weren't going to pay rent anymore. I called the Fresno police department vaguely told me that the renters didn't have to pay rent as long as the rent wasn't going to mortgage payment. My mom also states that how is she going to pay the mortgage without the help of the rent when she already has to chip in a lot of her own money to pay off the mortgage.

What should we do?
Any facts/info that could help me understand this topic more would help a lot, thanks.
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Old 10-21-2010, 05:31 PM
 
Location: Just south of Denver since 1989
11,840 posts, read 34,482,791 times
Reputation: 8996
have a local attorney send the renters a letter saying you are in breech of your contract. Also contact the post office, opening other people's mail is a crime.
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Old 10-21-2010, 05:37 PM
 
5 posts, read 7,427 times
Reputation: 10
My dad has given my mom permission to do all the paperwork and stuff with the properties while that house is still under his name. The Fresno Police Department said that my mom wasn't allowed to open the letter either, would I have to contact my dad to contact the post office?
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Old 10-21-2010, 06:01 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,597,409 times
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Agree with 2b, have an attorney send a letter and advise you on next steps if they continue to not pay. They still have to abide by their lease agreement. Paying the mortgage is a separate issue. The police won't get involved as it's a civil matter.
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Old 10-21-2010, 06:07 PM
 
5 posts, read 7,427 times
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Okay, I'll have her find an attorney and do the following. Just a quick question, the officer told me that the renter didn't have to pay rent if the house was in foreclosure, but I'm assuming this is different for a short sale because the lease would be continued with the bank?
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Old 10-21-2010, 08:48 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,597,409 times
Reputation: 2201
Quote:
Originally Posted by sinfinite View Post
Okay, I'll have her find an attorney and do the following. Just a quick question, the officer told me that the renter didn't have to pay rent if the house was in foreclosure, but I'm assuming this is different for a short sale because the lease would be continued with the bank?
Is the officer an attorney? The officer is incorrect unless their is some law in your state that says otherwise. Doesn't matter if short sale or not.
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Old 10-21-2010, 08:52 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,597,409 times
Reputation: 2201
Since you are in California, here is a reference:

Renters in Foreclosure
Quote:
...Until the home is sold, you must continue to pay your monthly rent to your landlord. You owe rent to the new owner once the home is sold....
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Old 10-21-2010, 09:05 PM
 
5 posts, read 7,427 times
Reputation: 10
Thanks so much for all the help, and the site you linked is really helpful rjrcm, thanks!
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Old 10-22-2010, 07:19 AM
 
Location: NJ
17,573 posts, read 46,199,051 times
Reputation: 16279
If they are late it sounds like maybe they should immediately start the eviction process.
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