Bankruptcy Forum

Landlord requests rent

zanjoker
06-07-2009, 04:33 PM
I received a notice looking for occupants at my rental unit. Upon calling the number on it, I learned that the property was foreclosed recently. I verified this with the county deed office, but when I asked for my security deposit back, my landlord refused. My landlord said that I still owe rent because they only sold the “interest” and not the “said property”. My landlord is requesting rent. Do I owe my landlord, or does the property reside with the bank?

dingdong
06-08-2009, 12:30 AM
Go down to your county recorders office and request a copy of the deed for your address. If the LL is not on title on the deed and the lender F/C, the LL is no longer legal owner of the home.

I would get an absolute clarification on who owns the property. If the LL no longer owns the property, he cannot ask for rent, he has no legal standing to the rights of the property.

You can probably find out through the title company as well and call and ask them.

If you are able to search online, you may be able to find the title company. Call and ask them, tell them you are a tenant.

I had the same issue, a LL who was F/C on, the title company was very helpful and understanding as was the county recorders office.

AngelinaCatHub
06-08-2009, 04:45 AM
You are probably out of luck on any security deposit you had with the LL. However the new owners, would probably be pleased to take your rent. Make sure you get a receipt from the rightful owners though, even if it is a bank. You being there is protecting their interests. If you have the original lease or agreement or receipt for security deposit, you might be able to regain it in small claims court. Address that issue with the new owners also. 'Hub

HHM
06-08-2009, 04:48 AM
That LL is blowing smoke, he does not have the legal right to rent a property which he no longer owns. Also, as previously mentioned, you can probably kiss the deposit good bye, but you can always take him to small claims court at some point if you want. But, with the property in foreclosure, odds are, he is on his way to bankruptcy.

Any rent due before the foreclosure was complete would still be owed to the LL. But as was stated, you should clarify with county records when the property changed hands.

dingdong
06-08-2009, 06:34 AM
What state are you in?

Some states have passed laws that afford tenants in foreclosed homes extra rights, such as extended notice before eviction, etc.


The notice you received looking for occupants is probably from the lender.

You may even receive a visit from a BPO agent who may offer you a cash for keys settlement to move within a certain timeframe and leave the property in broom swept condition.

zanjoker
06-08-2009, 12:58 PM
I have confirmed that the landlord is still listed as an owner on the deed. Since it is in redemption period, I have another question. I didn't renew my lease but have been paying since the first of January. I believe that in Michigan, this may constitute an unwritten (month-to-month) lease (?) Does anyone know if these still bind during a redemption period?

dingdong
06-08-2009, 01:10 PM
Have you tried calling the lender, explaining that you are a tenant in a FC property and asked them if they have recovered title to the property.

It may be just that the new deed has not been recorded.

Talk to the lender, you should be able to get the info from the NOD or FC paperwork that was filed with the county. They won't be able to get too specific about account details, but they should be able to tell you if the deed has reverted back to the lender and is waiting to be recorded.

zanjoker
06-08-2009, 01:13 PM
I spoke with the real estate agent that the bank hired and he said that the deed is still listed under the landlord. County lists the deed as under the landlord as well.

State is MI

HHM
06-08-2009, 03:59 PM
I spoke with the real estate agent that the bank hired and he said that the deed is still listed under the landlord. County lists the deed as under the landlord as well.

State is MI

Ok, so now it is just an issue of how much of a gambler you are. Realize that if the house is in foreclosure, the land lord has NOT been using your rent money to pay the mortgage. So, the gamble? Stop paying rent because the LL has bigger problems, but realize that the LL can evict you for going into default. Or continue to pay the rent knowing that the LL is simply pocketing the money. If it were me, I would stop paying, and start looking for another place.