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#181064 - 11/12/07 02:29 PM
Landlord Foreclosures - Let The Renter Beware
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Member
Registered: 02/23/06
Posts: 10
Loc: Miami
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Something very interesting with regards to real estate, but unbeknownst to most renters of homes or apartments, is that renters must be very aware of exactly what they are getting themselves into when they sign a lease contract. Due to the high rate of foreclosures these days, many apartment buildings, as well as homes are being foreclosed, and the owners of those properties abdicate responsibility to the building or its tenants upon foreclosure. So what happens if you are a renter, and you signed a long-term lease, and subsequently the owner undergoes foreclosure? You may end up losing your security deposit, and your last month's rent, and you may be forced to evacuate the apartment with very little notice, unless you are careful to take the right steps. Therefore let the renter beware, and research the status of the space he/she/they are about to occupy. Is the landlord solvent? Are the mortgage payments up to date? Have the property taxes been paid? These questions can be answered more easily than a renter may think. For example, most states have property records available for view right on the Internet. From there, the renter can often find all sorts of good stuff, like the mortgage amount owed on the property, the tax records, and the date the property was purchased. Many properties were purchased in the past few years with the help of unscrupulous mortgage brokers and lenders, by investors who couldn't really afford their purchases, but were able to close the deals by giving sub-prime mortgages to the lender. As the adjustable interest rate on those mortgages climbed, many owners found, and are finding themselves unable to pay their mortgage loans, and of course the result is foreclosure. The innocent and uninformed renter can be left with no place to live, and a loss of the equivalent of two month's rent. Therefore, a renter should research all of the readily available information before signing a lease agreement. For more information, visit Miami real estate or the Miami Beach real estate blog.
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#181177 - 11/13/07 01:17 AM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: www.AlexShay.com]
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Major Contributor
Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
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Alex, Let me be the first to bring you back to reality of investment properties. The more likely scenario for the renters would be they would just continue paying their rents to the bank. The lender understands that the building is worth more with existing tenants to the next owner and the rents will help offset any losses during and after the foreclosure.The renter would likely lose their security deposit. In many cases it will not even come to that because there is likely a clause that can be invoked by the mortgage holder that allows the rents to be paid directly to the lender should the owner fall to far behind in payments to satisfy the obligation. Something very interesting with regards to real estate, but unbeknownst to most renters of homes or apartments, is that renters must be very aware of exactly what they are getting themselves into when they sign a lease contract. Due to the high rate of foreclosures these days, many apartment buildings, as well as homes are being foreclosed, and the owners of those properties abdicate responsibility to the building or its tenants upon foreclosure. So what happens if you are a renter, and you signed a long-term lease, and subsequently the owner undergoes foreclosure? You may end up losing your security deposit, and your last month's rent, and you may be forced to evacuate the apartment with very little notice, unless you are careful to take the right steps. Therefore let the renter beware, and research the status of the space he/she/they are about to occupy. Is the landlord solvent? Are the mortgage payments up to date? Have the property taxes been paid? These questions can be answered more easily than a renter may think. For example, most states have property records available for view right on the Internet. From there, the renter can often find all sorts of good stuff, like the mortgage amount owed on the property, the tax records, and the date the property was purchased. Many properties were purchased in the past few years with the help of unscrupulous mortgage brokers and lenders, by investors who couldn't really afford their purchases, but were able to close the deals by giving sub-prime mortgages to the lender. As the adjustable interest rate on those mortgages climbed, many owners found, and are finding themselves unable to pay their mortgage loans, and of course the result is foreclosure. The innocent and uninformed renter can be left with no place to live, and a loss of the equivalent of two month's rent. Therefore, a renter should research all of the readily available information before signing a lease agreement. For more information, visit Miami real estate or the Miami Beach real estate blog.
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Paul Oaks Oaks Real Estate Group
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#181971 - 11/16/07 07:27 PM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: A & M Team Properties, Inc.]
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Veteran Member
Registered: 12/21/05
Posts: 1477
Loc: MA
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Paul- I have always respected your knowledge but felt a need to share my experiences.
As a lister of REO properties, I have handled several single family homes that were occupied by tenants on the date of the foreclosure. None of the banks I work for, or any that I know of, have allowed tenants to stay. Sometimes they do cash for keys, and sometimes they have to do a full eviction through the courts.
Maybe the trend is different for multi unit buildings, but as far as I have seen, it is common for renters to get the shaft of the property they are renting is foreclosed on
- Andrea Exactly my experience also. Right now I have 4 foreclosed multi families in prelist. The banks want no part of the tenants staying - I can't even do a BPO until they vacate. Seems crazy but the bank would rather spend the money to go through eviction process, have the property off the market for 3 or 4 months, then sell it totally empty.
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#182062 - 11/17/07 11:44 AM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: Concepts05]
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Veteran Member
Registered: 12/17/06
Posts: 648
Loc: SoCal
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Same here. Any REO listing I get the tenants are out via eviction if need be. Leases are extinguished by the fc at least here on my planet.
Banks don't want the liability for tenants, they also need the asset off their books asap due to the amt of reserve they have to tie up for each REO they hold.
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The Loan Diva
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#182655 - 11/21/07 01:07 AM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: Loan Diva]
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Major Contributor
Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
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It appears that my experience in this matter is different in this area. I only deal with 5+ units properties that are commercial and not residential loans so that accounts for the difference.
Loan Diva, Just an FYI for you but a 5+ unit building with 80% occupancy will sell much quicker than an empty building and for a higher price due to immediate income for the buyer. The rents will also offset holding costs till the property is sold. Do you actually have any commercial experience or is your experience confined to residential properties. "This might account for the differences on your planet and mine".
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Paul Oaks Oaks Real Estate Group
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#182966 - 11/23/07 12:36 PM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: Paul Oaks]
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Major Contributor
Registered: 11/06/07
Posts: 1520
Loc: Nevada
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When an SFR property becomes REO, the lenders want any occupants OUT, pronto. I wouldn't say that renters get the shaft, because they often get several months of free occupany, sometimes much longer, if they choose not to take a CFK payment. Getting booted is the risk any renter takes.
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#182967 - 11/23/07 12:41 PM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: Paul Oaks]
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Major Contributor
Registered: 11/06/07
Posts: 1520
Loc: Nevada
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It appears that my experience in this matter is different in this area. I only deal with 5+ units properties that are commercial and not residential loans so that accounts for the difference.
Loan Diva, Just an FYI for you but a 5+ unit building with 80% occupancy will sell much quicker than an empty building and for a higher price due to immediate income for the buyer. The rents will also offset holding costs till the property is sold. Do you actually have any commercial experience or is your experience confined to residential properties. "This might account for the differences on your planet and mine". Oaks, maybe you should read the original post again, (words edited by moderator) It didn't refer strictly to MF properties, which was an assumption you made.
Edited by Livechatrealtor (11/27/07 08:55 AM) Edit Reason: inappropriate
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#183220 - 11/25/07 10:51 PM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: shana]
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Major Contributor
Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
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Shana, ( Paragraph Removed )By Moderator. I did not assume it was strictly a MF but I was basing my response on MF properties as your comment reflects a SF mentality which appears to be your limit. It appears that my experience in this matter is different in this area. I only deal with 5+ units properties that are commercial and not residential loans so that accounts for the difference.
Loan Diva, Just an FYI for you but a 5+ unit building with 80% occupancy will sell much quicker than an empty building and for a higher price due to immediate income for the buyer. The rents will also offset holding costs till the property is sold. Do you actually have any commercial experience or is your experience confined to residential properties. "This might account for the differences on your planet and mine". Oaks, maybe you should read the original post again, and lose the self-righteous attitude? It didn't refer strictly to MF properties, which was an assumption you made.
Edited by Livechatrealtor (11/26/07 12:48 PM) Edit Reason: not appropriate
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#183378 - 11/26/07 06:25 PM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: Livechatrealtor]
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Major Contributor
Registered: 11/06/07
Posts: 1520
Loc: Nevada
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Livechatrealtor:
thanks for keeping the discussion on a mature and professional level.
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#184020 - 11/29/07 02:42 PM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: shana]
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Major Contributor
Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
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Talked to a couple of lender friends I know and this topic was mentioned. They both said the newer trend for 1-4 family investment properties is that a rider to the note and mortgage or DOT that makes a provision that should the borrower go into default renters are notified of a new payment address and the rents are paid directly to the lender till the account is current. Once the account is current the payments either revert back to the landlord or are deposited into the landlords bank account but a small transaction and processing fee is deducted. This is designed to eliminate the foreclosure situation amd all of the problems associated with it.
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Paul Oaks Oaks Real Estate Group
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#184386 - 12/01/07 12:16 AM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: Paul Oaks]
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Darlene B
Veteran Member
Registered: 03/10/05
Posts: 1181
Loc: Texas Gulf Coast
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Well, that's got to be good news for a lot of renters who would have been jammed up otherwise.
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#191627 - 01/08/08 07:58 AM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: www.AlexShay.com]
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Member
Registered: 01/07/08
Posts: 13
Loc: USA
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Our neighbors accross the street a young couple with kids woke up one day to two foreclosure signs on there front yard. They rent a house and when they called where told they had to be out by end of month two weeks before Christmas. They moved in 8 months ago and paid rent and homeowner never paid bank anything. They lost there deposit and having to move right at the holidays was hard. This guy forclosed on numerous properties. I felt so sorry for them but was an eye opener about renting right now.
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#193269 - 01/13/08 10:18 AM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: carrot]
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Member
Registered: 08/14/07
Posts: 152
Loc: Indiana
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#196258 - 01/23/08 03:02 PM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: Livechatrealtor]
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Junior Member
Registered: 01/23/08
Posts: 4
Loc: USA
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That happened to my husband and I in one of the homes that we had rented in the early years of our marriage. We had been living in the home for 2 months shy of a year when one morning we found a note from the sheriff on our door stating that the home would be auctioned off in less than a month. We owned multiple pets and in our town it was nearly impossible to find a rental that would allow multiple pets and was in our budget. That scared us because these dogs had been in my husband's family since he was 15 and we would not be able to find new homes for them easily due to their age.
I called the number on the note that was on our door and was told that we needed to be out by the date on the note (we were not given any options to rent from the lender) but that if we were not that we would be evicted and that would buy us a little bit of time. He felt sorry for us because of the fact that we were tenants and had no idea that this was coming (our landlord has just told us that he wanted us to extend our lease).
Since the auction was being handled by the Sheriff we had no way of contacting the lender - we did not even know who our landlord's lender was. It was going to be auctioned off by the Sheriff and that was that.
We were very blessed and found a new home almost right away - it was above our budget but one of my husband's friends from work rented a room from us so it worked out and we got to keep our dogs. If we had not found a pet-friendly landlord at that time, though, who knows where we would have gone and what would have happened to our pets.
Listen to AlexShay - from our experience he is offering good advice.
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#196286 - 01/23/08 04:29 PM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: carrot]
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Major Contributor
Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
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Sad story but it would have taken far longer to get them out had they simply stayed and stopped paying rent to save for a new downpayment until the REO agent showed up at the door with a cash for keys offer. Far too many people do not know their rights. Our neighbors accross the street a young couple with kids woke up one day to two foreclosure signs on there front yard. They rent a house and when they called where told they had to be out by end of month two weeks before Christmas. They moved in 8 months ago and paid rent and homeowner never paid bank anything. They lost there deposit and having to move right at the holidays was hard. This guy forclosed on numerous properties. I felt so sorry for them but was an eye opener about renting right now.
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Paul Oaks Oaks Real Estate Group
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#196307 - 01/23/08 05:46 PM
Re: Landlord Foreclosures - Let The Renter Beware
[Re: Concepts05]
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Veteran Member
Registered: 12/03/05
Posts: 679
Loc: South Central Kansas
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Yeah...
It is also the way of the REO lenders I work with here on f/c properties regardless of SFD or MF status in any configuration.
I have one in PreFC that at best reminds me of a mix between *driving miss daisy and fried green tomatoes*
I admit liking these two chick flicks but here, miss daisy doesn't have a car and her toto is really big!
counting the days...
_________________________
Roy J Foster, KS Lic #BR0039462 R J Foster & Assoc., LLC Cert. A*REO Agent Cert. FHA Inspector ID G551 Cert. FHA 203K Consultant ID D0631 Cert. FHA LBP Maintenance Supvr ID 7534 Cert. Vendor Resource Management REO Specialist 316-771-7419 http://www.investment-properties.org"I am only as strong as the coffee I drink and the hairspray I use."
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