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Asked by Mario P. Clay, Columbia, SC Wed Feb 20, 2013

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Answers

5
Ruth Zeiss, Agent, Southbury, CT
Wed Feb 20, 2013
Hi Maddox,

Have you spoken with an attorney or someone from Housing or Legal Aid? I think it would help you to get an opinion from someone who is famiiar with the laws.
Good luck to you. I'll be interested to see what everyone else says.
Regards!
1 vote
Charlie Leog…, Agent, Southington, CT
Wed Feb 20, 2013
Real estate agents are just that.... real estate agents and not attorneys. My suggestion is to contact one, you do have some leverage,most attorneys would at least answer your question. Once all the commotion is over I would be honnored to help you find your next home or apartment, there are some great deals out there. Please contact me: Charlie Leogrande @ Weichert Realtors -Briotti Group 203-879-2339 ext 119 or, c.leog55@yahoo.com or 203-754-3676 direct. Good luck and hope everything turns out the way you want.....
0 votes
Yanoska Diaz, Agent, Miami, FL
Wed Feb 20, 2013
Did you receive from the Listing Agent a Letter that explains your options as the current occupant of a property that has been foreclosed?

The Letter is about 2 pages long and it should be similar to this one:


IMPORTANT NOTICE REGARDING YOUR
OCCUPANCY OF THE PROPERTY
(THIS IS NOT A NOTICE TO VACATE)
Dear Occupant(s):
Please be advised that [______________________], in its capacity as mortgage loan servicer and on behalf of the owner, completed a foreclosure proceeding on the property located at _____________________ (the “Property”) and has retained me as the real estate agent with respect to the Property.
If you are an occupant of the Property, the following options may be available to you:
Option # 1 - Relocation Assistance
If you desire to vacate the Property, the new owner of the Property may be willing to provide financial relocation assistance to help cover your relocation expenses associated with your moving from the Property. To be eligible, you must vacate the Property within a specified period of time and you must leave the Property in broom-clean condition. Certain restrictions apply. Please contact me to find out more information.
Option #2 – Rent the Property
This Option #2 does not apply to former owners of the Property or a child, spouse or parent of a former owner of the Property......................

Once you reply to this question I will be able to provide additional information.
0 votes
Phil Zimbardi, Agent, Orange, CT
Wed Feb 20, 2013
0 votes
Phil Zimbardi, Agent, Orange, CT
Wed Feb 20, 2013
Have the agent put their 'demands in writing' .. because they are wrong.

1) The bank owes you the security deposit.

Source: http://www.ct.gov/ag/lib/ag/finance/tenantsinforeclosedprope…

"Assure tenants that the new owner is responsible for returning any security deposit: The
owner or agent should affirmatively tell tenants that the new owner is responsible for returning
any security deposit that the tenant paid when the property is vacated. The owner may not
refuse to return a security deposit just because it never obtained the money from the prior
owner. The owner or agent should not deceive or confuse tenants into believing that they must
pursue the former owner to get their security deposit rather than requesting the security from
the new owner. If a tenant is planning to move, then it is the tenant’s obligation to provide a
forwarding address to send the security deposit to them after the move. However, owners or
agents should remind tenants to provide such a written forwarding address."


2) Cash For Keys:

"The entity that owns the property at the time a tenant moves out (usually the bank after a foreclosure) is liable for the return of the security deposit to the tenant, even if the security deposit that had been paid to a previous owner was never transferred to the new owner. It is untrue, and therefore may be an unfair trade practice, for an owner or estate agent to tell the tenant that the tenant must reclaim the security deposit from the former landlord. The Security Deposit Act also contains a number of provisions that, among other things, specify when a security deposit must be returned, the amount of interest to be paid on security deposits, the requirements for escrow of a security deposit, and what penalties exist for violating the Act."

"The Connecticut Cash for Keys Law (Conn. Gen. Stat. §47a-20f, as amended by Section 3 of Public Act 10-181) requires that if money will be offered to tenants to persuade them to move following a foreclosure, the payment may be double the total of the security deposit and unpaid interest, or two months’ rent, or $2,000 – whichever is greater."

Source: http://www.ct.gov/dob/cwp/view.asp?a=2247&q=478530


3) If you have documentation that states you had purchased the appliances and would take them with you .. then stick to that claim. Your lease is valid for the duration.

4) I would get the name of the Asset Manager that the Agent is working for and tell them what is going on. If it was me I would refrain from dealing with the agent as they are not trustworthy.
0 votes
Thanks for the advice. I spoke with the attorneys office that is working for the bank about 30 minutes before I posted my question and she told me to just fa her over what I want and she'll submit it to the bank. I know this may sound crazy but I'm not to sure how to negotiate with them I'm a little nervous.
Flag Wed Feb 20, 2013
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