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Renters Rights?

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  1. MrMayhemAA MrMayhemAA is offline

    Posts: 13
    Joined: Aug 10

    Aug 10th, 2010 (8/10/2010 3:40pm)

    We’re steady paying on time every month to “Don.” One day, “Home Lending Mortgage (HML)” to which Don pays for the house we’re in pays us a visit.

    HML says that Don is not paying them anymore for the place we’re renting, and they’re thinking of foreclosing on him.

    HML is all chummy with us saying, “Hey, we want someone to stay in here while we foreclose on Don, and we’ll just have you pay us X amount,” which is nearly half of what we had to pay Don, so we’re all like, “Heck yeah!”

    In addition, at the end of our lease terms, we can purchase the house, but that’s secondary to this.

    So, we later find out that the reason that Don wasn’t paying (from Don himself) is because he had some agreement with the company that HML bought out whereby if he didn’t pay 3 months rent, he’d be eligible for some refinancing program.

    One stipulation…he had to be living there (which he wasn’t).

    So, now HML says, “Tough shit Don, we’re foreclosing.”

    At least that’s what it seemed like…
    Our rent was due 8/1…HML was going to foreclose 8/2, and we’d likely come in and sign some papers to pay them on 8/3.
    HML guy goes on vacation on 8/3 for a week. Comes back today, and I ask, “Did you file?”

    “No, I didn’t get a chance. Let me call Don, and see what’s going on, then I’ll call you back.”

    The conspiracy theorist in me tells me that he and Don are working together to encourage us not to pay. It’s like 8/10, and I want to pay someone, I don’t want to get kicked out.

    We’ve received no notification from Don about getting kicked out. Nothing. BUT…we haven’t paid yet because we’ve been waiting on HML thinking they filed on 8/2, and all is well, and we’d just sign something with them.

    Anybody have any idea what we should do? I mean, can Don just up and kick us like on the 15th for non-payment…do mortgage companies really make rental agreements with renters of houses they’re foreclosing on? Should I trust the HML guy that I don’t really have to pay Don (he actually said those words to me)?

    I realize HML actually owns the house, but we signed the lease from Don, and I don’t want to break it, or anything like that, then get kicked. We love this place, and hope to eventually buy it.
  2. AUSteweyOX AUSteweyOX is offline

    Auburn, AL
    United States

    Posts: 737
    Joined: Nov 09

    Aug 10th, 2010 (8/10/2010 4:01pm) in reply to MrMayhemAA

    im hella confused brah
  3. Blake801 Blake801 is offline

    United States

    Posts: 338
    Joined: Jun 07

    Aug 10th, 2010 (8/10/2010 4:01pm) in reply to MrMayhemAA

    Tough situation, federal law states that a renter can stay in a home that is foreclosed on for at least 90 days or the term of the lease (whichever is longer) as long as they are current on their rent payments, and once the home is foreclosed on they start making rent payments to the new owner of the home. So, I'm pretty sure as long as the current owner owns the home you must keep making your payments to him or else he has the right to serve you with a 3-day notice of eviction. As far as the lender telling you you should start making your payments to them and they'll let you stay in there for half price rent that definitely sounds shady. Because if they foreclose the home could sell to anyone at auction. Most likely they will not be the owner once it forecloses.
    Edited By: Blake801 Aug 10th, 2010 at 04:02 PM
  4. tammypoker01 tammypoker01 is offline

    New York, NY
    United States

    Posts: 1,013
    Joined: Mar 06

    Aug 10th, 2010 (8/10/2010 4:27pm) in reply to Blake801

    what state is this in? call your local housing authority and ask them, get real advice...

    also, i know you love the place, but it sounds like it's about to go through some legal fiasco and it's best for you to not be involved. i would honestly move.
  5. 2Slick4u 2Slick4u is offline

    Atlanta, GA
    United States

    Posts: 4,767
    Joined: Jun 05

    Aug 10th, 2010 (8/10/2010 4:34pm) in reply to Blake801

     
    Originally Posted by Blake801 View Post

    Tough situation, federal law states that a renter can stay in a home that is foreclosed on for at least 90 days or the term of the lease (whichever is longer) as long as they are current on their rent payments, and once the home is foreclosed on they start making rent payments to the new owner of the home. So, I'm pretty sure as long as the current owner owns the home you must keep making your payments to him or else he has the right to serve you with a 3-day notice of eviction. As far as the lender telling you you should start making your payments to them and they'll let you stay in there for half price rent that definitely sounds shady. Because if they foreclose the home could sell to anyone at auction. Most likely they will not be the owner once it forecloses.

    ^^^ Definitely agree with Blake. You have a legally binding contract with the current homeowner. For the lender to come to you and offer you some kind of under-the-table sweetheart deal is unethical at best and complete d-baggery at worst, which might end up getting you kicked out of the property if you went along with his offer. In my dealings with lenders, for the most part I've found them to be liars, scammers and thieves who won't hesitate to manipulate and deceive people if it helps them put more money in their pocket.
  6. amandah amandah is offline

    Posts: 7
    Joined: Aug 10

    Aug 10th, 2010 (8/10/2010 9:26pm) in reply to 2Slick4u

    State senators (NOT national) are known to help out in situations like these if it gets to it--try sending a letter and following up with a phone call.
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