Okay, so I have lived in my home here in Arizona for almost a year now. Fortunately, I will be moving back home to Texas at the end of this month. This weekend, a note was put on my front door. The note is intended for the owner of my home. It was notifying him that his home would be going up for auction as of November 09, 2009 at 12:00 p.m. In early July, the leasing office I go through told me that the home would be going up for loan re-modification. This morning, she told me that the loan must first go into default before this could be considered by the lender. The lender came and took pictures in July. It's now October and the home is going up for auction. I'd assume perhaps the modificaiton didn't go thorugh and the home is going through full fledge forclosure. My question is, if I've been paying rent and he has not paid the mortgage, what are they doing with my rent money? Why am I continuing to be made to pay rent in a home that is going up for auction? If I were not going back to Texas at the end of this month and intended to renew the lease, I am supposing that I would've been forced to move out due to forclosure. No one advised me of any of this. What should I do? Am I out of my element here? Am I looking at this wrong? I'm no expert here. But this happened to my mom and her husband and the constables put them out within 30 days. They had to stay in a hotel and put their stuff in storage until they got a new home. The house went up for auction and was forclosed. Thoughts?
You should begin looking for alternate housing now and see if you can find an attorney who specializes in real estate and/or landlord/tenant law to talk to for free (it should be less than a 30 minute consultation). Many community groups, civic associations, & support groups know how to get good, free legal advice by using lawyers who volunteer for charity. I am not familiar with Comer tenant law, but it is a fair assumption that you are guaranteed nothing but timely notice (which you now have) and the option to terminate your lease without penalty or fee as a result of your landlords default. Your rent is in no way (legal) way connected to the mortgage payment for the property you are renting unless your rental contract actually says so (that would be rare). In many cases these days, desperate property owners are renting for significantly less than their mortgage payment in the hope that the market will turn around sooner rather than later. In general, if a property goes to auction with a rental agreement in force the new property owner is required to honor that agreement until it expires. Automatic renewals should never be assumed. You will want to be sure you speak to the new owners directly about renewing; most consider rented and long term tenants a good thing...but a few may have other plans for the property.
Some states have passed laws that say the bank has to work with the renters/lessors of a foreclosed property. Some haven't. The money you pay to the landlord is his to do with as he pleases. If he chooses not to pay his mortgage, that's his right. At least you knew about the loan having problems. Some people don't find out until too late.
1. There are ZERO laws in any state that require a landlord to pay his/her mortgage with your rental payments. What the landlord does with your rental payment is legally none of your business. 2. You are not legally required to be notified of the landlord financial status with his bank. None of this really matters since your leaving well before the auction date.
I would not pay them anything over $465 per month. Go in and get a copy of your lease. Keep detailed records of your transactions. Start demanding they take care of the problems with your account. Insist they remove the fines. DO NOT allow them to sucker you into paying something you did not agree too.
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