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Foreclosure-Renters Rights during Short Sale Process

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by lv66, Nov 1, 2008.

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  1. lv66

    lv66 Law Topic Starter New Member

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    My jurisdiction is: Ohio

    Parents have been renting a condo in Centerville, OH from an individual. The condo is now in foreclosure. Papers were served in April. The lease agreement was for one year which ended in July. Parents have gone above and beyond to try and help the owner, so a short sale was initiated. Due to the number of foreclosures, it has taken months for the process. Now, the owner has turned ugly and is blaming parents for delaying the sale. It is out of their control. The offer was made and they are still waiting to hear back from the bank. In the meantime, the owner’s son has gotten involved and he told them that it would be best if they go ahead and move out which they are now doing. Of course, he is now denying he said that. They asked the mortgage company if they moved out, could the owner come after them. They were told they could not. Now on the eve, they are supposed to sign a lease for a new place they received a letter from the owner’s lawyer threatening to sue for breach of contract. They want them to pay $3600 in back rent (5 months-2 of which they did pay) + half of the attorney fees. She had told them they wouldn’t have to pay rent since she could not refund their deposit and the attorney had previously told them that they could not pay him because it would be a conflict of interest. Now, they are denying everything. It’s a “he said-she said” situation.

    What are the parents’ rights in this matter? Does the owner have any grounds for legal action against them? They have been extremely stressed since this whole thing began. Need answers ASAP!
     

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