I have received a notice of default. And I have been attempting to contact my landlord

Asked by Buyer, Brea, CA Tue Jan 27, 2009

prior to sending out the rent check. She has her ex-boyfriend speaking to me or should I say YELLING. And has stated that I need to pay the rent and they will TRY to not let the property go into foreclosure...should I pay them or go through the eviction process ( he just filed a 3 day or quit ). I also don't want to pay rent and have to fight for my security deposit in smalls claim court.

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ian cockburn, Agent, New Orleans, LA
Thu Aug 11, 2011
You have a contract with the landlord. Pay your rent and have a receipt to show a bank or otherwise.
If you do not pay the rent, the money will not fall from the trees, but may help your landlord take care of the mortgage and make your life easier in the long run.

Do NOT communicate with a third party...ONLY the party you have a contract with. Never go the "boyfriend" route....you do not have a contract with the boyfriend..and so you need to say so, "I would love to give you the rent but my contract is with the young lady..as such I would like to discuss with her what's going on and pay the rent. "
Web Reference:  http://iansellsnola.com
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Brian Ponder, Agent, New York, NY
Tue Aug 9, 2011
The property is the current owner's property until it is foreclosed on. So, technically rent is due to him/her until the foreclosing entity or buyer takes title to it. At and after that point the former owner can't evict you. Prior to that they can. It's a personal decision. If you don't pay, you may get evicted. If you pay, then you may be able to stay rent-free or get a check to move from the lender ("cash for keys" program). My advice: contact an attorney in your area for advice. Good luck.
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Elizabeth Ha…, Agent, Corona, CA
Tue Feb 3, 2009
Hi Veruska,

I've been following this and I'm glad things have worked out for you. Let me know if you need help finding a new place. (rental or purchase) I'd be happy to help you.

Warmest Regards,
Elizabeth Hardy
Prudential California Realty
Web Reference:  http://ElizabethHardy.com
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Buyer, , Brea, CA
Tue Feb 3, 2009
Thank you so much for all your help!! Since I was holding off on paying the rent for January my landlord finally contacted me and we agreed that I would be moving out at the end of Feb and pay her the rent owed to her for the month or January and she will deduct the rent for Feb out of my security deposit. I think this is the best route to go and at least once I move out I will not have to fight for my security deposit anymore.

Thank you all!!!
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The ACG Group…, Agent, Upland, CA
Sat Jan 31, 2009
Dear Veruska:

My sympathies as you try to navigate the scary and frustrating world of foreclosure in this market.

See the link below regarding most recent laws affecting renters of properties in the foreclosure process.

As stated by other respondents to your question, check with a tenant's rights attorney (if you don't have or can't afford one, try Legal Aid (http://www.inlandlegal.org/); they have a tenant defense practice out of the Rancho Cucamonga location.

If you want a low-cost alternative to paying full-whop for representation, see http://www.FDIAdvantages.com/itsyours. (Family Legal Plan in First Class Membership).

Either way, be sure to get some professional guidance on this issue because the last thing you want is to breach your own agreement and responsibility to the landlord out of the emotional reaction you're having to HER failure to keep the mortgage current. As the old saying goes, "two wrongs don't make a right," so check up on your legal right to withhold rent.

I also suggest offering a loan modification as an option to your landlord. I'll be happy to provide you a referral to a reliable loan modification attorney if your landlord is receptive to the idea.

Best wishes!

Angie Nwanodi, Realtor
Prudential California Realty
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Elizabeth Ha…, Agent, Corona, CA
Wed Jan 28, 2009
First let me give you a hug. You're probably feeling a whole array of emotions from annoyed to worried. Jot down my name and number. I live and work here in Corona. Let me know if I can help you in any way.
Elizabeth Hardy
Prudential California Realty
Web Reference:  http://elizabethhardy.com/
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Shel-lee Dav…, Agent, Rolling Hills Estates, CA
Wed Jan 28, 2009

This is definitely a question for a tenant's rights attorney (which I am not). Unfortunately, you are caught in the same "Catch 22" as a lot of renters these days. Here are some of the things I know from experience, or have heard of in real estate circles:
1. Your lease is with the current owner of the home. Failure to pay your lease payments gives them the right to evict you.
2. The owner has signed a Deed of Trust as a promise to pay his mortgage to the lender. In many of these documents there is an "assignment of rents" which basically states that if the owner is delinquent on his payments and the property generates rents, the rents are owed to the lender.

So, if you put these two things together, do you pay the rent to the owner or to the lender? Only a tenant's rights attorney will be able to give you clear direction on this.

Regarding your security deposit, unfortunately, if and when the bank forecloses on the property they are not the holders of the security deposit and therefore cannot refund it to you. And, my guess is that the owner does not have the funds to pay you back your security deposit either, so taking them to small claims court may not work either. On the other hand, once the bank takes ownership of the property they will usually offer you "cash for keys" to get you to move out and not damage the property.

Lastly, many home owners are successfully negotiating loan modifications, as the lenders do not want to own any more homes. If your landlord is successful in doing this and they view you as a trouble maker, you might have to move out anyway. And, the owner may have an easier time negotiating a loan modification with a solid, paying tenant in the property. Perhaps you can offer them your cooperation for a reduced rent during this period. Or offer to pay rent until the Notice of Trustee Sale is filed (you will know this has happened because it will get posted on your door) and then be allowed to use your security deposit for this final month's rent. Try to make it a win-win situation and maybe you can smooth things over. Remember, they are not mad at you, they are mad at themselves and the bank. They are just taking it out on you, which is unfortunate.

Wish there were more clarity on this issue, as so many nice people, like you, are getting caught up in a foreclosure mess they did not create. I wish you luck in resolving this with your landlord. Feel free to call me if you want to discuss your options. Dare to Dream.

Shel-lee Davis
Real Estate Consultant
RE/MAX Palos Verdes Realty
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Diana Margala, Agent, Rancho Cucamonga, CA
Tue Jan 27, 2009
Unfortunate you are the same boat as many renter. It is my understanding that your lease is between you and the owner and really has nothing to do if he pays his mortgage or not. (which seems unfair). Because the owner is not paying for the home, does not give you the right to not pay your rent. I believe that if you have to move because the home is foreclosed on then you might be able to take the owner to court to recuperate any losses that you might have. All of this should be verified with a lawyer. I don't know how long your lease is for, but the foreclosure process is a long process and you could actually be able to stay in the home for the time of your lease. I don't think you want to hurt your credit if someone has to check on you paying your rent by not paying your rent. You also might be in position to put an offer on the home if the seller is able to short sale the property.
I hope that was helpful, if you have any questions please feel free to call or e-mail me.

Diana 909-945-5763
Web Reference:  http://www.Dianam.com
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Gilda Baxter…, , Colorado Springs, CO
Tue Jan 27, 2009
Hello Veruska

Here's a link that may give you some answers.

http://www.michigantenants.org/forclosure (you may need to copy and paste into your browser)

Hopefully it helps
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Dallas Texas, Agent, Dallas, TN
Tue Jan 27, 2009
You are governed by lease contract however contact a real estate attorney. Till home returns to bank as foreclosure you MOST likely obligated to pay rent current property owner. Lenders and landlord could be working out mortgage payments agreeable for all parties.

IF house goes to foreclosure you will be notify of eviction process and PERHAPS OFFERED cash for keys than legal procedures have you evicted. I most instances tenant was able to live rent free up to a few months plus cash for keys, and waived court action of trying recover your deposit.

However if home goes to foreclosure best start packing time residing on property can be limited with unknowns.
Web Reference:  http://www.lynn911.com
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