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Landlord foreclosed on? possibly committed fraud...

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by bellhead, Mar 2, 2009.

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  1. bellhead

    bellhead Law Topic Starter New Member

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    Here is our current situation.

    Our family leased a home for 6 months with an option for doing a month to month after as needed. We just moved here from Kentucky due to a work relocation. The reason we rented was because we are having a home built and are waiting until construction is complete and we can move in. The lease ran from November to May of 09. A full month security deposit was paid, along with a $300 pet deposit and credit check.

    The landlord we rented the house from lost the home to foreclosure at the beginning of February, unfortunately to a regional bank. The bank after we told them we have no interest to buy the house has treated us rather badly. They want us our asap. We could afford the house but we just don't like the house as this is why they treated us rather nice to begin with. They have sent us the usual nasty letters and we have responded and now are awaiting our date in Magistrate's court at this point. Our goal is to delay hopefully long enough until our home is complete and if it isn't then we will pack up what we don't already have in pods and move into a short stay hotel or corporate apartment. They are comparable to what I am paying in rent. But not moving is the point.

    (First question) I have is how long can I drag this process out. I am willing to pay in order to do this as it is a better option than moving. Would I be better off spending several thousand on a lawyer and drawing this out or just represent myself and follow the free advice from several friends who are lawyers in a different state. My friends said they would do the documents in return for vacation rights and golf fees.

    The next part is our former landlord. After talking to the banks attorneys and gathering documents he didn't make a payment for several months prior to us moving in. I have a letter stating he never forwarded our money on to the bank. Also after talking to the bank they had knowledge he had intended to file bankruptcy before we moved in. I have called him, sent him normal demand letter for the payment of the security deposit, return of all application and pet fees, also I indicated he would be responsible for all fees related to the move and any other incidentals. He has never responded but we have received word from other parties is he just planned to deposit the deposit and hide behind bankruptcy as a protection. I am convinced he has committed fraud in doing this and would first like to pursue a criminal case against him when I am moved into my new home. I am almost certain I will never see any of my money again unless he hits the lottery within his lifespan unless he is convicted criminally and is ordered to pay restitution instead of jail. At issue is the point here not the money. He knew he was in default at the time and shouldn't have been advertising the house for rent.

    Thanks any help in this would be appreciated.
     
  2. Duranie

    Duranie Moderator

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    I would not leave until you are actually given eviction papers and until the house goes to auction and is bought. Generally you can stay in it. I would pay rent with caution since you can be evicted any day. You might want to see if your city or state has any sort of mediation set up for this as all states are struggling with foreclosures and renters.

    I know lots of people in foreclosure and there are so many, it takes 6-9 months at least to get you out. I would not spend any money on legal fees at this point but it probably would not hurt to talk to a real estate attorney. Also google your state and renters and foreclosures.

    My state is trying to pass a law to make it a misdemenor for a landlord to not give tenants a 30 day notice that the house is in foreclosure.
     
  3. bellhead

    bellhead Law Topic Starter New Member

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    Unfortunately it is a small bank and they have their stuff together. Have already received a demand letter requesting to vacate the premise. I will counter with a cash for keys offer of around $4000 and will site as much crap as I can. If they take my cash for keys offer I am really screwed but hey I doubt it. Also I will be filing a request for a deposition with the original loan officer and the commercial banking officer in charge of the loan in order to stall the process. I plan to question them on their relationship with my former landlord. This should add at least two weeks worth of paperwork to the process. I also am writing to the former owner as he has told a 3rd party he turned all money over to the bank and had an arrangement with them in which we were to stay. The banks attorney denies any of this info, but hey he's a lawyer and will do whatever he is paid to do. No offense to lawyers but if you all were before the pearly gates and St. Pete you would still have trouble telling the whole truth. So hopefully I can catch somebody in a lie under oath during the whole process and then some fun can really be had. As for me I am resigned to my house not being finished on time and getting screwed by these two bit characters in the game of life.
     
  4. bellhead

    bellhead Law Topic Starter New Member

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    Went down to the courthouse and filed a response to the Dispossessionarry letter. We are currently set for court at 8:45 on the 18th. Guess I'll be getting my suit cleaned tonight.

    After this whole process I found Ga. is one of the most landlord friendly states in the US and is extremely hard on tenets.

    I also found out what I have to fight to achieve in my court hearing is our status being changed from tenets at sufference to tenets at will where we will have more rights.

    In a week I will be posting a followup and letting everyoneknow how this turned out.
     

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