Foreclosure in 19154>Question Details

Madisonmonro…, Renter in Philadelphia County,...

I moved into an apartment in April. The landlord turns out to not be the owner now. We were served foreclosure papers this morning. What do I do?

Asked by Madisonmonroe25, Philadelphia County, PA Sat Aug 7, 2010

The person whom I was under the assumption of being my landlord, Sheik Sarwar, is not the owner. He states that his nephew is whom has recently disappeared. However, in the same conversation with Sheik and I, he said that he's been giving our rent money to his nephew. I asked how can that be if you just stated that he has disappeared a few months ago. I put down a deposit, first and last months rent. I have paid with a check or money order since then. I also signed the lease with Sheik as the owner. Is this lease now null and void? Being as that he is not the owner? I woke up this morning not expecting this. We've been told to hire an attorney asap and that we should look for a new place to live because we will need to be out by a month from today! I have a son and two other people besides myself who are living here.

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Hi Madison,

I would definitely start looking for a place to move to. However, the bright side of this is, you should no longer pay any rent unless the bank notifies you through an attorney and sends you a copy of the "Assignments of Rent" clause. Most likely you will live rent free through the duration of your stay. I would advise you to definitely not continue to pay rent to anyone but the owner directly. If this guy is not the Owner of Record, don't pay him.

When the bank forecloses on the property, it will be sold at Sheriff's Sale, and then they will have to give you notice and time to move. More likely than not, this whole process will take many months and you should have enough unpaid rent saved to move elsewhere. In Philadelphia, as Michael Cohen adised you below, the Sheriff's office may offer assistance and direction. The bank, once it officially forecloses and buys it back at sale, may even offer you cash for keys. They will offer incentives like moving assistance to motivate you to leave and surrender the keys.

Please feel free to call me if you need further assistance. Good luck with everything.

All the best.
Larry Lichtman
REALTOR, Property Manager
Your Real Estate Resource For Life
CELL (267) 254-7994
1 vote Thank Flag Link Sat Aug 14, 2010
If you were served move out notice THEN instructions AND potential cash for keys that would cover your loss of deposits and etc.

In the paperwork does it reference where you can lease back from bank till you complete the term of your executed lease?

Best contact an attorney review your options OR instructions of paperwork tendered to your attention.

NOTE: Best use a Realtor who resolves all the issues who owns the property

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
0 votes Thank Flag Link Tue Aug 10, 2010
The first thing is do not pay rent to the landlord any more. The lender has a right to the rent money. As the tenant you should call the bank's attorney and try to get a written direction as to what to do with the rent money. Then you should retain an attorney to review the lease and determine what are your rights and how long the foreclosure process will take. You may be able to live there through the duration of the lease term.
0 votes Thank Flag Link Tue Aug 10, 2010
Yes, do consult with an attorney immediately and yes, do look for a new home, only an owner can issue a lease--unfortuantely as already stated it appears a scam took place.
0 votes Thank Flag Link Sun Aug 8, 2010
i would call the police and file a report and then you can take take common pleas action against the owner, however, I will seek the advice of a lawyer, you can call communtity legal services or your city council person can advise you where to seek legal council. The foreclosure action may take serveral months before you have to move. Call the Phialdelphia sheriffs office and let them know what happened, they will give you plenty of time to move. sorry to here about your issue.
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0 votes Thank Flag Link Sun Aug 8, 2010
Attorney, police, etc.... Get it done now!!

Terrence Charest
0 votes Thank Flag Link Sat Aug 7, 2010
Unfortanately you have been scammed by one of the oldest scams going and with the amount of vacant houses, a growing problem. Whenever anyone claims to be a sheik, you could easily check teh who teh owner of the house is with the assessors office in the town or city the house is located in, most have online databases.

At this point i wouldnt be paying anymore money to them, you should contact the Attorney Generals office as well to report this crime, If you can get a free lawyer or free legal advice you should,. As far as moving, you will not get thrown out in 30 days, if you dont move out, you will get notice of a hearing where you can tell teh judge teh problem and arrange a move out date. You should also ask who ever served you if teh bank will complete a cash for keys with you, this is where you move out in 30 days, they can pay you say $1000 to $2000 and you leave teh place free of debris and personal property. You can try asking for more as well

good luck working things out
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0 votes Thank Flag Link Sat Aug 7, 2010
I agree, immediately seek legal adivse. "Usually, only the owner can rent or sell a home unless they have other legal or other power to do so."
Good Luck,
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0 votes Thank Flag Link Sat Aug 7, 2010
If he is not the owner and signed a lease agreement with you acting as owner then that it is fraud, you definitely need to contact an attorney as soon as possible before you move out.
0 votes Thank Flag Link Sat Aug 7, 2010
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