Rentals in Los Angeles>Question Details

Susan Maier…, Renter in Los Angeles, CA

I rent a home that is in Foreclosure. The landlord wants me to backdate a lease to give the bank. Is this legal.?

Asked by Susan Maier Watson, Los Angeles, CA Mon Jul 12, 2010

The landlord is trying to get a loan modification because the house I rent is in foreclosure. He wants me to backdate a lease to give to the bank. Is it legal for him to ask me to do this.

Help the community by answering this question:

Answers

11
I don't think you need a law degree to know that falsifying lease documents to modify a mortgage is most likely illegal and also very dangerous to get involved in. Don't fall victim to your landlord who will most likely make you believe that helping him will benefit you in some way! The best decision in this case is to let your landlord take care of this issue by themselves and keep yourself informed of the status of the foreclosure. Talk to a real estate lawyer if you are needing clarification on what the laws are and also you can download a copy of the landlord tenant handbook online at the HUD website. This goes over the rights of landlords and tenants in very clear terms and is an invaluable resource for someone in your situation.
1 vote Thank Flag Link Mon Jul 12, 2010
Ah....no.

It fraud.

Tell the truth and only the truth.
Web Reference: http://fglick.com
1 vote Thank Flag Link Mon Jul 12, 2010
Hi Susan,
Legal? I doubt it, (sounds like fraud) It's certainly not ethical or honest. Just say NO!
0 votes Thank Flag Link Wed Nov 10, 2010
Hi Susan,
At the very least, the very very least, you could write a current letter stating how long you've been paying rent. This will give the bank some documentation that you have been living there & for how long your landlord has been collecting rent.
Kim
Web Reference: http://homesellingdiy.com
0 votes Thank Flag Link Mon Jul 12, 2010
Absolutely not, this should not even be an option or question that you are having to deal with. I would suggest that you log onto the HUD website and do some research to find out what your rights are and what you are entitle to. You have tenant rights. If any questions please do not hesitate to call me...
0 votes Thank Flag Link Mon Jul 12, 2010
Susan;
It was recommended below that you contact the bank directly. Unless the Landlord gives the bank a signed document authorizing them to speak with you, they cannot. (This document is called an "Authorization to Receive and Convey Information".) Those of us familiar with home retention and loan modifications are aware of this. If the Landlord is on the up-and-up, he will not mind giving you his authorization to speak with the bank.
If you are allowed to speak with the lender, you have a better opportunity to ascertain what the bank wants, and what the Landlord's motives are. But I stick with my original comment: back-dating any legal document to be used for purposes of obtaining or modifying a loan may be lender fraud, and I wouldn't do it without legal advice.
Best,
Deborah Bremner
REALTOR, 00588885
(D) 818.564.6591
TheBremnerGroup@gmail.com
Blogging at: http://TheBremnerGroup.com/news
0 votes Thank Flag Link Mon Jul 12, 2010
Susan

I would suggest you not worry about what the landlord says as much as what the landlord does and more importantly what you do. Just remember "the truth will set you free."

If the property does go through a foreclosure there is still a good chance you could stay in the property and if you are required to leave you should be able to get some cash from the owner to assist with your move.
0 votes Thank Flag Link Mon Jul 12, 2010
OMG! How can this ever be good for you? Either you have a current lease or you don't. You may also want to check with city rent control regarding any rights that you may have, or even an attorney on how to deal with this request. Even if on some level this is legit--the bank wanting to verify your current rental--it sounds safest to communicate directly with the bank on how you can provide verification without falsifying a contract.
0 votes Thank Flag Link Mon Jul 12, 2010
I am not an attorney, but, as a general rule of thumb, it is never a good idea to backdate ( or post date) any kind of legal document.
I would want further explanation.
However, if the lender wants VERIFICATION that you are the current tenant, you can certainly give an affidavit in the form of a letter that states the terms of your tenancy, including the move-in date, the amount of rent paid per month, etc. This will, in general, satisfy the lender as to the information it needs.
I would not do any kind of a backdated lease. It will be a binding document, and possibly fraudulent towards the lender. Stay away.
Best,
Deborah Bremner
REALTOR, 00588885
(D) 818.564.6591
TheBremnerGroup@gmail.com
Blogging at: http://TheBremnerGroup.com/blog
0 votes Thank Flag Link Mon Jul 12, 2010
Hi Susan, it is illegal but you have rights under the new Tenant Laws to protect you. You can call me for some information if you like. You can also have your landlord speak to me and my team to consider a short sell. Thank you.

Ramin Lavi
Dre#01797965
213-802-1232
rlavi@eqemail.com
0 votes Thank Flag Link Mon Jul 12, 2010
Sounds like some type of mortgage fraud. Stay away!
0 votes Thank Flag Link Mon Jul 12, 2010
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer