I am living a home in AZ in foreclosur have been paying rent but suspect that the property manager has been taking the rent and not paying the owner.

Asked by Pjd, Phoenix, AZ Wed Jun 13, 2012

There are several reasons I suspect this is happening. How can I find out and what can I do about it how can I let the authorities about the possibility of this?? Should I contact the owner or the bank and let them know?

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9
Doug McVinua, Agent, Gilbert, AZ
Wed Jun 13, 2012
BEST ANSWER
The owner might be the most interested if your instincts are correct. If correct the Arizona Department of Real Estate would get involved very fast.

Let me know if you need information about other paths as well.

Sorry to hear of your situation!!
0 votes
The Kothe Te…, Agent, Goodyear, AZ
Wed Jul 25, 2012
Do you know who the homeowner has for a lender? I can search this property through tax records to see if it is yet in foreclosure status. Let me know if I can try to help.
0 votes
Jennie Miller…, Agent, Phoenix, AZ
Sun Jun 17, 2012
What a terrible situation! Since you have a lease on the home, your obligation is to ensure that you abide by the terms of the lease. The property manager could have significant penalties if they do not deliver the rent expediently to the landlord. Pursuing the property manager (if there is an issue) would be the landlord's responsibility.
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Sonny Shriva…, Agent, Goodyear, AZ
Thu Jun 14, 2012
Pjd,

This is a contractual matter between you and the landlord. As long as you have a receipt for paying your rent (cancelled checks count), you should be fine. Whether the property manager is paying the landlord is a matter between the property manager and landlord, it does not involve you and you should not get involved.

Your checks should be made out to the property manager's brokerage, not to the property manager personally. Also, have you been damaged by any of this suspected activity? If you have not been harmed, then you have little grounds for filing a complaint in my opinion. Leave it up to the landlord.
0 votes
Loren Hoboy, Agent, Phoenix, AZ
Wed Jun 13, 2012
You have a contractual obligation to pay the rent as instructed in writing. If the property manager is not paying the owner, that is a legal matter between them. Candidly, you are not involved.

If on the other hand the owner has contacted you to tell you that you have not paid the rent that is another matter. All you need to do is show the owner proof of payment (cancelled checks). The owner has legal recourse and should contact his lawyer and report a crime to the authorities, not you.

If you are in the middle of a dispute, keep paying rent as per your written instructions, but seek legal advice. You may also want to seek legal advice about your rights as tenant if you see a foreclosure notice taped to your door.
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The Hanten G…, , Phoenix, AZ
Wed Jun 13, 2012
http://www.azsos.gov/public_services/Publications/Residentia…

Email me directly for additional information.
0 votes
Ann Griffin, Agent, Mesa, AZ
Wed Jun 13, 2012
If you are right, this is a criminal activity, and therefore not the area of expertise of real estate agents. Speaking from a strictly personal point of view, if I believe a crime is happening or has happened, I would call the police. Good luck.
0 votes
Stan Batters…, Agent, Phoenix, AZ
Wed Jun 13, 2012
I'm not a lawyer that would be the first call you make.
Maje sure if is a real estate lawyer though.
0 votes
Kristina Pra…, Agent, Scottsdale, AZ
Wed Jun 13, 2012
I've worked in property management for 6 years. I can help find out for sure If the home is in foreclosure. And can let you know the options that you have. Please feel free to call or email me anytime and we can discuss further.
Krissy@gotoapm.com
623.824.5427
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