Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Abandoned Property Fraudulently Rented

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  • Abandoned Property Fraudulently Rented

    Our BK was discharged in July 2011 and the case was closed in July 2013 (!), after more the 2 1/2 years. All this time we were renting (property abandoned in October 2010), but on paper showing as proud owners of a house in Scottsdale. Finally in June 2013, BofA stated the foreclosure process and the house is scheduled to be auctioned late September of this year. Insanely long timeline, but whatever. It was coming to an end!

    The funny thing only now comes. When a house is scheduled for auction, the records become public. We were bombarded with phone calls from "nice" people trying to "help" us, but in the same time the word was out that the house was empty. At the end of August we just found out the somebody, posing as the owner, rented the house. [the water company called us to let us know that our "renter" wants to open an account; the electric and cable company opened the account for her no questions asked] We went to the cops and then to the house. Indeed, somebody was living there, a young lady singer/model/actress working in a bar, with a 2 years old kid and a new puppy. She told the cops that her baby's daddy met a guy in a bar, who knew a guy who had a house for rent. What I was more worried about (and still am) is that the pool is empty (and it's a big pool), and the backyard looks like a jungle. How was a mother even thinking of living with a child there? She said that the price was right: $1,200 in a place where the rents are usually $2,400. Anyway, she is cooperating with the police and she promised that she'll move out by the end of the week. We'll see, but even if she is out, I cannot get into the house because the only guy who has the keys is the bad guy. The saga continues ... I can't wait for the 18th ...

    Owners, be aware!

    Ch.7 filed: 2/23/2011 Discharged: 7/7/2011 Asset: Yes Case Closed: 7/30/2013

  • #2
    This is not unusual and Dateline did a segment on this issue (placing ads for rentals and renting to unsuspecting folks by individuals who have no interest in the property) this past Friday. Recently in Arizona, some ex pro football player was either arrested or convicted (not sure - wasn't really paying attention) for "renting out" empty properties in PV.

    Folks, this is why it is important to keep an eye on your "abandoned" property until title changes. If someone living in OPs property gets hurt OP will be sued for the injuries even though the "resident" (or squatter) was trespassing.



    • #3
      This is why I am so freaked out. And I had 3 more weeks to go! Anyway, I am tracking the girl on Facebook and her posts show now "from Phoenix" instead of "from Scottsdale" as of 2 weeks ago. On the day of the auction I'll take off from work and see if the house is sold.

      On another note, the asking price is $265k for a property worth at least $500k. It's something beyond my understanding why the bank ignored our cries for help for 3 years and pushed us into BK, only to sell the house for an ridiculously low price.
      Ch.7 filed: 2/23/2011 Discharged: 7/7/2011 Asset: Yes Case Closed: 7/30/2013


      • #4
        We have a slightly different 'wrinkle' on this situation.

        'Hub's ex-wife 'J' filed CH7 in September 2012, mainly to get out from under the mortgage on a piece of property and double-wide mobile home. She told the lender, Springleaf Financial, aka American General Finance that they could take the property back. She could no longer afford the payments. She is nearly 70 and lives on her SS, and a small SS survivor benefit from her second husband, now deceased.

        She declared at the 341 that she was surrendering the property. That as last year, and her CH7 Discharged and Closed in December.

        Springleaf has done NOTHING about foreclosing on the property, or getting the deed out of her name.

        So, 'Hub decided to try to force the issue. He filed an 'Adverse Possession' document with the local authorities announcing that he or his agent would live in the place, and basically dared Springleaf to foreclose.

        So far, this bluff has NOT worked, 'J's' name is still on the deed, and the agent that is supposed to live in the place, is nowhere to be found. It is still unoccupied. We go check it now and again. There are also neighbors nearby that keep an eye on it.

        *Sigh* We can get ourselves into some of the dangdest things....
        Last edited by AngelinaCat; 09-11-2013, 12:28 PM.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."


        • #5
          We have a similar problem. I filed Ch7 in June 2012. Discharged in Oct 2012. Surrendered 2 unit building. received "Notice of Sale" document in the mail stating that the property will be sold to the highest bidder at a public auction on May 29, 2013. The deed has not been changed and I have not even been able to find out if the property was sold or not. Meanwhile we continue to be "responsible" for the property. Everything I've found so far while looking for information about this seems to imply that there is absolutely nothing that we can do to force the bank to take the deed out of our names. We are currently letting a couple live there free of charge to keep the property from being vandalized because it is located in an extremely high crime/impoverished neighborhood.....#very frustrated#
          Chapt 7 Filed June 2012, Closed Oct 2012.
          God answers prayers. Debt free and much wiser.


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