Foreclosure in 89123>Question Details

Stinkypaw, Renter in 89144

the house im renting is under asset recovery .Latest info stated breach & election to sell.Notice of trustee sell.can she legally collecting rent?

Asked by Stinkypaw, 89144 Thu Feb 10, 2011

? i received a notice on my door about my landlord property for late payments then when i look online i saw first cross party name is under asset recovery services. She raised the rent to $1250 a month and when she find i know about this , she lower the rent and till now still collecting rent. Is it legal for her to do so? pocketing rent money ? she is now no longer an owner of the house correct?i asked her to honest and let me know because i do not want to move out last mins and she said I should be ok.
she said as long as tenant (me) paying rent, she can keep the house and avoid foreclosure ? but recent status said NOTICE OF TRUSTEE SALE (First party name her, then FIrst cross party name-- Asset recovery services ).please advice

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You need to get some legal assistance. There are organizations that provide legal assistance at no charge for qualifying individuals. I am attaching the web site contact page for the Legal Aid Center of Southern Nevada. I suggest you contact them and discuss this with them. They may be able to get a positive resolution for you. They do handle Landlord/Tenant resolutions.

John Morrison
Realty One Group
702-326-4078
jmorrison22@cox.net
0 votes Thank Flag Link Fri Feb 11, 2011
thats suck... i just mailed the rent check and who knows when am i going to get the deposit back.if she refused to refund my deposit back , can i file small claim court for my deposit and other unexpected expenses since she failed to notify her tenant about the foreclosure ? i have all of her emails denying it until today.

the house will be on auction on march 1st...so am i still obligated to pay my rent while trying to find another house because she never notify me? or should i stop paying her ?
0 votes Thank Flag Link Fri Feb 11, 2011
That is not the case at all! The bank can and will sell the house at the trustee sale whether you are paying rent or not. I would give your landlord notice, demand your full deposit back and get out while you can. If the bank buys the house back at the trustee sale, they may work with you in vacating the property, but if it sales to a third party, they may not be as patient. Also, trustee sales are postponed more often than not, so that date may not be in concrete, but I would not bet on it.

John Morrison
Realty One Group
702-326-4078
jmorrison22@cox.net
0 votes Thank Flag Link Fri Feb 11, 2011
i just got another notice on the door today that the house will be at auction on march 1st. and my landlord still denying till today that the house is not under foreclosure and she is supposedly trying to short sale it. I dont know a lot about this kind a stuff but i dont get why she cant be upfront. she still have my $800 deposit as well.

she mentioned that as long as tenant paying the rent, the bank cant foreclosure it???
0 votes Thank Flag Link Fri Feb 11, 2011
You should consult with an attorney on this.

Keep in mind that your lease and her pre-foreclosure are 2 entirely different things (as others have stated earlier). Your obligation to pay rent has nothing to do with her obligation to pay her mortgage.

Have you considered making an offer to buy the property from your landlord? It might be possible for you and she to work something out with her bank so that you could lower and take over the payments.

One more thing, . . . if you're not interested in the property, then please feel free to contact me, because I might be interested in it.
0 votes Thank Flag Link Fri Feb 11, 2011
Since the landlord has not been up front with you I would definitely contact an attorney. I believe there is a new law (not a lawyer here) about landlords and disclosure of default. It doesn't release you from your lease obligation until the trustee sale occurs.
0 votes Thank Flag Link Fri Feb 11, 2011
Until the trustee sale has been completed and any redemption period is exhausted (Arizona doesn't have a redemption period) your landlord is the legal owner of the property. If you choose to not pay your rent, she would be able to evict you, which would leave an 'unlawful detainer' or eviction on your rental record. This can make it incredibly difficult to rent from any landlord that does a background search.

Personally, I would negotiate as low a rent as possible knowing she's just pocketing the money. Then once the property is foreclosed, stick around and see if the bank that takes possession is willing to rent to you -or- whether they will pay you to leave. This process is called 'cash for keys'. Just make sure you have proof that you were a tenant and not a squatter (lease, utility bills, etc).
0 votes Thank Flag Link Thu Feb 10, 2011
your landlord is lying to you and you know it. She didn't make her payments and the bank is foreclosing on her. So the question is if you don't make your payments, what is going to happen to you right ? well, a landlord can just do nothing or evict you and seek damages. I don't think that is going to be good on your record for the later case, just as her foreclosure. There is no FREE lunch. There is always a price to be paid and you have got to educate yourself on that so you don't have to pay a high price for a few lousy hundred bucks (for your landlord it may be a few hundred $K)
0 votes Thank Flag Link Thu Feb 10, 2011
Hello Stinkypaw,

Unfortunately your situation is not unique and because of some of the issues that have risen from tenants being misplaced due to foreclosed homes new tenant laws were put into affect in 2009 to protect you. I do agree seeking legal advice is always a good idea and that you should be looking for a more secure living situation as well. If you would like some assistance to guide you through this give me a call. I can help you find out more information about the situation of your current residence and discuss other options with you.


Heather Etchings, REALTOR®
Realty One Group
Proud Recipient of the Las Vegas Chamber of Commerce
"Customer Service Excellence Award"
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Realty One Group
9089 S. Pecos Road, Suite 3400
Henderson, NV 89074
Cell: 702-277-7071 Fax: 702-446-0458
E-mail: HeatherEtchings@gmail.com
"Making Clients for Life"
0 votes Thank Flag Link Thu Feb 10, 2011
Even though your landlord may not be making her payments, that does not release you from the lease agreement you made with the landlord. You are still legally bound to that lease, and until the house is actually sold at the Trustee sale, the lordlord is legally the owner. That being said, I would strongly suggest you seek the advise mentioned in the last answer. If the notice you got does not mention a sale date for the trustee sale, I will be glad to look it up for you. However, most properties do not sell on the original date posted and can be delayed for months. I would suggest that you may want to start looking for a more secure property to rent.

John Morrison
Realty One Group
702-326-4078
jmorrison22@cox.net
0 votes Thank Flag Link Thu Feb 10, 2011
I suggest you get legal advise. There are very strong Landlord/Tenant laws in Nevada. If there is a phone number on the notice left on your door, call it immediately. Action on your part is needed immediately, otherwise you may find the Constable's Office at your door to move you out. Most law offices will give you free 1 time constultation on your tenant's rights. Pick one that specializes in REAL ESTATE law and call
now. Hope you can work something out.
Web Reference: http://www.annebartz.com
0 votes Thank Flag Link Thu Feb 10, 2011
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