summons for the owner about the property going into forclosure. It shows the original loan note and shows that he has not paid his morgage in 12 months.The realtor will not put my in contact with the owner and is being very unhelpul in the situation. I have heard that is illegal for a home owner to collect rent if they are deliquant on their morgage. Is this true, and what should I be doing?
Johnson I would not like to be the person that told breach your contract with the property owner. Keep paying your rent until you get, in writing, a statement from an attorney that says that you do not have to.
It makes me sick to hear that someone who claims to be a professional is not willing to help you out. Have you tried finding the owner on the property appraiser's website? You may be able to locate them that way. Once you have an address, look on the white pages and you may be able to get a phone number as well.
I have a great real estate attorney that should be able to help. His name is Matthew Toll, 574.7442, mtoll@attorneyscapecoral.com
You could stop paying rent and leave it in a savings account in the event this goes to court. The judge will decide who gets that money.
Best of luck!
Danielle Sharp
Sharp Homes
Cell 248.207.4445
sharphomes@yahoo.com
Selling Paradise Realty
Broker Assoc
Hello,
I am a Fort Myers Realtor and I believe there is a law the allows you to stop making rent payments for a property in Foreclosure. I would contact a real estate attorney and I have a name and number if you would like to contact me for it. If you are interested in buying the property, I could help you there.
Call me at 239-246-6639
Kevin Cloutier
Keller Williams World Class Realty
13121 University Dr
Fort Myers, FL 33905
239-246-6639
As a Florida Real Estate professional ( I know little about Pa, CA, CO law) all I can suggest to you is to get with a Florida Attorney right away. This Attorney should be a Real Estate Attorney, not a general.
If you want to buy the property, then I suggest you find a local Realtor to work with you and your attorney. Your attorney might know one, but if you need help I know some locals that are very good.
John
Unless you know all the details about the foreclosure, you are obliged to pay your rent. Did you expect to live there, rent-free? It is unfortunate that the owner is going through rough times, but he may be looking to resolve these difficulties.
Until the property is foreclosed, the owner may be trying to resolve his situation in a variety of ways:
1. loan modification
2. forbearance
3. loan reinstatement
And if all those fail, he may want to try for a short sale. Is this property offered for sale?
Not to start an argument but I would not stop paying rent. Just save proof of payments. You need to consult a real estate attorney before performing any kind of action.
Quit paying the rent to the owner. If the property manager is not cooperating in any way, talk to the mortgage company or bank that is holding the note. There is a provision in the owner's deed that says if the property falls into default then the bank has the right to collect the rents. You have rights as a leasee, therefore the bank needs to work with you as well. I would start looking for another place meanwhile. If you quit paying rent altogether then you are violating your lease agreement, but you may want to hold your rent until it is determined who should actually receive it. You might end up with free rent till someone starts eviction, which usually takes some time.
First, I am sorry to hear about this. Especially to see you are not getting help from a realtor who is suppose to act as a professional.
I would contact a local Real estate attorney to help you with your current situation but one question that comes to mind is would you be interested in buying the property?
If the property is going to go into foreclosure, you might be able to talk to the bank about a short sale.
Sean Dawes
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