[airics]

hey tony, this is weird, we are agreeing on the same thing again.....

[tony soprano]

Originally Posted by airics

heres the way i see, you have to be months behind for a bank to help you at all.. so the day before the auction, an owner can catch up... so if the auction isn't for month's pay your darn rent.. because if i was the landlord, whether or not im paying the mortgage, im suing you for the rent and will will the case easily... just like tony said, when the landlord isn't paying the mortgage, he's a thief,... when you aren't paying the rent, everything is peachy....

This is the second time we're on the same page. What's going on? ;-) Oops, you beat me to it!

[airics]

next she is going to say that she is going to hold out for key money.....jingle jingle

[tony soprano]

Can a property manager collect rent after the property foreclosed?

Hmm, I'm not sure if the above direct link is working. If you cut & paste the URL (that appears when you click the link) in to your browser, you'll get the page.

Here's another link to the same question. This direct link works.

http://www.avvo.com/legal-answers/ho...ure-19942.html

[olecapt]

Originally Posted by tony soprano

Can a property manager collect rent after the property foreclosed?

Hmm, I'm not sure if the above direct link is working. If you cut & paste the URL (that appears when you click the link) in to your browser, you'll get the page.

Here's another link to the same question. This direct link works.

Homeowners renting while house is in foreclosure - Landlord / Tenant - Avvo.com

Neither link answers the question. The first in fact deals with the situation where the property has been foreclosed...in which case the rent payment cannot be collected by the property manager. The fact that the change of ownership has not yet been posted does not change the ownership.

Practically make a deal. Try and get your security deposit and moving expenses back as a rent reduction. If the property manager won't play go to the owner. You will be amazed. The LL is likely socking away ill gotten gain...he may well share it rather than lose it all.

If that does not play you need a lawyer. Payment to an escrow fund or such may be in order. But you need a lawyer to go over the lease and tell you where you stand.

The law is on the side of the property manager and the LL. However Smaill Claims Courts are courts of equity. The can deal with this sort of issue. And they can decide the case based on what is fair rather than the legal imperatives.

[tony soprano]

Originally Posted by olecapt

Neither link answers the question. The first in fact deals with the situation where the property has been foreclosed...in which case the rent payment cannot be collected by the property manager. The fact that the change of ownership has not yet been posted does not change the ownership.

Practically make a deal. Try and get your security deposit and moving expenses back as a rent reduction. If the property manager won't play go to the owner. You will be amazed. The LL is likely socking away ill gotten gain...he may well share it rather than lose it all.

If that does not play you need a lawyer. Payment to an escrow fund or such may be in order. But you need a lawyer to go over the lease and tell you where you stand.

The law is on the side of the property manager and the LL. However Smaill Claims Courts are courts of equity. The can deal with this sort of issue. And they can decide the case based on what is fair rather than the legal imperatives.

The first link deals with post foreclosure, the second link, foreclosure in process. As detailed, sierramadre described the second of the two scenarios. I didn't see anything in your advice more helpful than the advice given by the attorney in the second link; seek an attorney in your area. At which time, that attorney will explain to sierramadre that she has no legal basis to stop paying her rent if she wishes to continue living there.

<edit> on a re-read, it looks like her scenario is closer to the first link; post-foreclosure, pre-trustee sale.

Sorry, the rent free flim-flam doesn't always work.

[olecapt]

Originally Posted by tony soprano

The first link deals with post foreclosure, the second link, foreclosure in process. As detailed, sierramadre described the second of the two scenarios. I didn't see anything in your advice more helpful than the advice given by the attorney in the second link; seek an attorney in your area. At which time, that attorney will explain to sierramadre that she has no legal basis to stop paying her rent if she wishes to continue living there.

Sorry, the rent free flim-flam doesn't always work.

Your standard garbage. Second link contains no value. While would you list the first as it does not apply?

Best quick way is a dicker with the owner. Work most of the time. Probably not lose in small claims court if the funds are put aside. Worst outcome is you have to pay the LL. But I suspect it possible that the property manager will be ordered to escrow the payments for the security deposit and perhaps all of it in contemplation of an action for failure to fulfill the contract.

Small Claims is a court of equity not law. Never can tell what will come out.

[sierramadre44]

Originally Posted by airics

heres the way i see, you have to be months behind for a bank to help you at all.. so the day before the auction, an owner can catch up... so if the auction isn't for month's, pay your darn rent.. because if i was the landlord, whether or not im paying the mortgage, im suing you for the rent and will win the case easily... just like tony said, when the landlord isn't paying the mortgage, he's a thief,... when you aren't paying the rent, everything is peachy....

The bank is not going to 'help' an investor. This LL owns 2 properties here and 2 properties in CA. 1 in each state is in foreclosure. I do not know if there are tenants in the other house in CA.

Dude, the bank has called the loan. She has to pay up. That's $280K+, I have the records from the county. If she hasn't paid a mortgage note in 11 months, she probably won't go to the auction and hand them $280K! Just a guess, but use of deductive reasoning tells me she's playing a scam.

If I were a LL I would find it ethically wrong to charge someone rent on a property I knew I wasn't paying on. That is just simple ethics people. Because someone rents doesn't mean that anyone should take advantage of them.

[airics]

Originally Posted by sierramadre44

If I were a LL I would find it ethically wrong to charge someone rent on a property I knew I wasn't paying on. That is just simple ethics people. Because someone rents doesn't mean that anyone should take advantage of them.

And if i were a renter, i would find it ethically wrong not to pay the rent....That's simple ethics people. Just because someone is a landlord doesn't mean that anyone should take advantage of them.

[olecapt]

Originally Posted by airics

And if i were a renter, i would find it ethically wrong not to pay the rent....That's simple ethics people. Just because someone is a landlord doesn't mean that anyone should take advantage of them.

I disagree that this is actually an ethics issue. It is preventing yourself from being ripped off. At this point you know that you are in a contract which has a high 90 percent probability of not being completed. You also know that classically in such a situation the renter loses their money and is required to pay for the neccessary move.

I claim it is good sense to protect your interest. Ethically it may be good to establish an account and hold the money separate until the situation resolves. But I see no reason you would not CYA.

And if it comes to that go to court with the LL. If it is all on the up and up it will come out.

Been my experience that virtually no one ever shows up at court except a property manager on occasion. And they pretty much run for cover when the fit hits the shan.