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Renting out home while going thru bk

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    #16
    Originally posted by renter314 View Post
    I am a tenant living in a home for almost 4 years .
    The Landlord lives in California.
    In Feb 2010 I received documents via sheriff stating the Landlord was in default since October 2009.
    In March the Landlord filed Bankruptcy
    Ironically in June he emails me with a different bank account (BofA) to deposit rent checks into..all the time never telling me anything until I confront him via email in July when I get a Lender Rep wanting to change locks because he was told no one lives there (thus..can not pay the mortgage) So then he began telling me he is only trying to modify a loan...NOT... he paid 235,000 got a 100% loan (investment home in FL HOA community) now going for about 70,000.
    I think the change in bank accounts was to avoid reporting income?
    I continue to give him his $1000. a month..But now I received documents from attorneys for Bof A stating the Stay is lifted. I also received a letter saying his bankruptcy is done...how long do I pay this guy before the Lender steps in and I can pay them?
    The Landlord avoids answering any of my emails and I even suggested how will I get back my $2000. security?
    I would like to be ahead of his game and get my money back before he is not responsible and I am without moving money I am a single woman.
    Sorry this is happening to you and must be very frustrating because you do not know what is going on with this landlord other than getting official documents from the sheriff, etc regarding the landlord's bankruptcy. You should talk to an attorney about what the landlord is doing, refusing to answer your emails and you trying to find out when you will get your security deposit back. I cannot believe what this landlord is doing to you especially with your security deposit! Did he ever list you as a creditor for his bankruptcy case? I guess not and he should have. Again, I suggest you speak with an attorney and keep us posted.
    Chapter 13 filer since Feb. 2018 under a 60 months payment plan
    Please think positive and do not give up!

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      #17
      Thank you,..I am scared and frustrated. 57 and no family, barely making my rent..but make it my priority. How would I know if he listed me as a creditor? guess I would receive a notice..I guess though if he did, I would have nothing correct? now perhaps..but why? would I try to get my money and just spend more.trying..I imagine it is cut my losses...again thank you..just needed a mental hug

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        #18
        Originally posted by renter314 View Post
        Thank you,..I am scared and frustrated. 57 and no family, barely making my rent..but make it my priority. How would I know if he listed me as a creditor? guess I would receive a notice..I guess though if he did, I would have nothing correct? now perhaps..but why? would I try to get my money and just spend more.trying..I imagine it is cut my losses...again thank you..just needed a mental hug
        ((hug)) If he listed you as a creditor, you would have received a notice from the trustee or BK court. I also think maybe you should look up his case from PACER (several stickys on how to sign up/use PACER on this forum if you are not familiar with PACER) and find out the name of the trustee assigned to the landlord's case. If you are able to get the name of the trustee and contact information, then contact the trustee. The question is in regard to your security deposit. It is rightfully yours and the landlord should have placed the security deposit in an escrow completely separate from his personal accounts. Also still I think you need to talk to an attorney about the landlord's rental finances. Please try not to be scared and try to get some help with this. You have your rights. Do you have documentation for your security deposit? Such as cancelled check from your bank?
        Chapter 13 filer since Feb. 2018 under a 60 months payment plan
        Please think positive and do not give up!

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          #19
          That rental payments belong to the lender is ususlly stated on the promissory note (mortgage) you sign at closing.

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            #20
            Why are you filing a Chapter 7?

            Why are you filing a Chapter 7? Do you need to get rid of credit card debt? In some cases, you can exclude property from a bankruptcy. Is there a reason you can't just sell the house or let it go in the bankruptcy? Are you behind on payments for the house?

            I guess I'm just unsure of the purpose of keeping the property through all of this.

            [removed phone #]
            Last edited by HHM; 09-15-2010, 01:14 PM.

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              #21
              Moderator, check towlaw out. I thought this forum had a no-solicitation policy. Thanks
              Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
              AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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