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Who's The Owner?

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by MISSVIRGO79, Aug 15, 2009.

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  1. MISSVIRGO79

    MISSVIRGO79 Law Topic Starter New Member

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    After renting my appartment for 23 months I read in the newspaper that the property owner had defaulted on his loan and the property was scheduled to be auctioned off in 2 weeks. I confronted the "on-site manager" (shes also the owners mother) and she denied having any knowledge of any default or auction. I never received any notice after the auction date that the property had been sold nor switched ownership in any way. I have not been able to contact the original owner at the time I began renting the unit either. Now its time to pay rent and the original owners brother-in-law shows up at my door demanding the rent be paid to him. I stated that as soon as someone provides me with documentation showing they have the legal authorization to accept payment for the rent I would gladly pay them. The brother-in-law served me with a 3-day notice stating he was the "legal agent" of the original owner. I do not believe him, he has no proof he is the agent for the owner (I've never met either of them) nor can he prove his brother-in-law even still owns the property. How can I find out who actually owns the property?
     
  2. jacksgal

    jacksgal Super Moderator

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    Contact the city they will know
     
  3. NY_Shark

    NY_Shark New Member

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    1. go to the county record office
    2. they will have a book that lists addresses and their corresponding tax id number
    3. they will have a book that lists tax id numbers and will reference the deed describing the property
    4. the deed number referenced will look something like this: 1567 - 356
    5. go to deed book 1567, and page 356.

    There is your deed, and there is your current owner
     
  4. jharris352

    jharris352 New Member

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    NY Shark doesn't have a bad idea but the problem is that most county record offices are behind in posting deeds and it might take a month or more to find out that way. I owned a Mortgage company for 15 years so this is something I am quite familiar with.

    First I need to know your State to help you look this up. I know you are not in GA so what state are you in?

    In non-judicial foreclosure states, which is what it sounds like you are in, there is a Deed to power of some sort, like a Security Deed, not really a mortgage (which is more like a UCC lien). The difference is, on a mortgage you have to take the debtor to court to foreclose and on a deed to power there is a notice and auction that is extra judicial.

    That having been said, the common thread in the Deed under power foreclosures is public notice. Each county has a "legal organ" which is the newspaper in the county seat where all foreclosures must be advertised for a month before being sold. Find that newspaper and see if your property was advertised. If it was then you will know it was probably sold and the ownership has changed.

    However that isn't really the information you are after. That will tell you if you are about to be evicted by the new owner.

    What you really want to know is to whom do you pay your rent. That's easy. Pay your rent to the person on your lease until someone comes to you with proof they own the property and tells you that they now own your lease too. Until that happens you pay your rent to the person on your Deed.

    If you have any doubt, then hold your rent! Don't pay anyone. Someone will come looking and you tell them to produce proof that they either own the property or that they are the "agent" of the owner.

    If Mr. Brother-in-law wants to sue you for eviction let him. What you do is in your answer, take all the rent you owe and tender it to the clerk of court with an answer that states you are unsure to whom you owe the rent but here it is. The court will hold a hearing that you will attend, they will ascertain who owns the property and the rent in that hearing and they will disperse your rent to the proper party. You will be in ZERO danger of being evicted if you pay the rent to the court.

    If you property has been foreclosed upon though, you will eventually be contacted by the bank that did so. They will not want a renter in the property as they don't want to be landlords. They will ask you to leave, they may even pay you to leave. Negotiate with them in good faith and keep your deal with them.

    Good luck, this is not uncommon in this day and age.
     

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