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  • April 14, 2008 at 9:26 PM #12433
    svferris
    Participant

    I’m currently renting a townhome in PQ. I moved in back in August ’06 and signed a 1 year lease with a security deposit (1 month rent). Since that lease expired, my landlord has not sent me a new lease. I’ve continued to pay my rent, however.

    I recently looked up the townhome on the SD Tax Collector website and found out the owner has not paid his property taxes at all this year. I checked the address he lives at and he has not paid the property taxes for that house either. I know he has at least one or more other rental properties and I’m afraid he has not paid those taxes either.

    Then, I just received a letter in the mail addressed to him or current resident. Since I am current resident, I decided to open it. It was from a law office in San Diego talking about the property being in foreclosure and the owner’s options. I have also received another letter from Recontrust, which appears to deal with mortgage defaults, trustee sales, etc.

    I really don’t talk to the landlord much as he’s a really busy guy and the last I spoke with him, he mentioned raising the rent for a new lease, but then never got back to me. So, I decided not to bug him.

    So…I’m not sure what I should do now. I don’t know how long it has been since he paid his mortgage, so I don’t know when a trustee sale would be. Should I continue to pay rent even though I’m not in a lease? The owner has always been nice, so I don’t want to do anything mean.

    I’ve contacted the landlord regarding the letters I’ve received, but I’m waiting for him to call back. Should I confront him about the foreclosure?

    Can any of the realtors with access to additional info help me find out how far along in the foreclosure process the house is?

    April 14, 2008 at 9:32 PM #187239
    PadreBrian
    Participant

    First, stop paying rent. Give your 30 days at the end of this month. Tell him to keep security deposit for last month rent. and find a new place for June 1st. Not worth the trouble to fight the sheriffs office, and your dead-beat landlord.

    April 14, 2008 at 9:32 PM #187261
    PadreBrian
    Participant

    First, stop paying rent. Give your 30 days at the end of this month. Tell him to keep security deposit for last month rent. and find a new place for June 1st. Not worth the trouble to fight the sheriffs office, and your dead-beat landlord.

    April 14, 2008 at 9:32 PM #187292
    PadreBrian
    Participant

    First, stop paying rent. Give your 30 days at the end of this month. Tell him to keep security deposit for last month rent. and find a new place for June 1st. Not worth the trouble to fight the sheriffs office, and your dead-beat landlord.

    April 14, 2008 at 9:32 PM #187298
    PadreBrian
    Participant

    First, stop paying rent. Give your 30 days at the end of this month. Tell him to keep security deposit for last month rent. and find a new place for June 1st. Not worth the trouble to fight the sheriffs office, and your dead-beat landlord.

    April 14, 2008 at 9:32 PM #187300
    PadreBrian
    Participant

    First, stop paying rent. Give your 30 days at the end of this month. Tell him to keep security deposit for last month rent. and find a new place for June 1st. Not worth the trouble to fight the sheriffs office, and your dead-beat landlord.

    April 14, 2008 at 9:58 PM #187275
    SD Realtor
    Participant

    Your rental contract is between you and the landlord. Unless you have seen to it that there are special provisions regarding the event of a foreclosure, there is most likely not much you can do. I would start off by looking for another place to live. Some here may advise you to do things like squat or stop paying rent, etc… That is a personal decision for you. Perhaps it is wise to talk to attorney on this one. Again, let me repeat, when you signed the lease it was between you and the landlord, not you and the lender. If you stop paying rent then the landlord will have whatever recourse any landlord would have. Once your original lease reached the expiration period you then converted to a month to month lease but are still bound by the same provisions regarding rent payments, etc…

    As far as confronting him, there certainly is no harm. Simply ask him what he plans to do as the foreclosure moves along. I wouldn’t trust what he says, but you can certainly ask.

    SD Realtor

    April 14, 2008 at 9:58 PM #187296
    SD Realtor
    Participant

    Your rental contract is between you and the landlord. Unless you have seen to it that there are special provisions regarding the event of a foreclosure, there is most likely not much you can do. I would start off by looking for another place to live. Some here may advise you to do things like squat or stop paying rent, etc… That is a personal decision for you. Perhaps it is wise to talk to attorney on this one. Again, let me repeat, when you signed the lease it was between you and the landlord, not you and the lender. If you stop paying rent then the landlord will have whatever recourse any landlord would have. Once your original lease reached the expiration period you then converted to a month to month lease but are still bound by the same provisions regarding rent payments, etc…

    As far as confronting him, there certainly is no harm. Simply ask him what he plans to do as the foreclosure moves along. I wouldn’t trust what he says, but you can certainly ask.

    SD Realtor

    April 14, 2008 at 9:58 PM #187326
    SD Realtor
    Participant

    Your rental contract is between you and the landlord. Unless you have seen to it that there are special provisions regarding the event of a foreclosure, there is most likely not much you can do. I would start off by looking for another place to live. Some here may advise you to do things like squat or stop paying rent, etc… That is a personal decision for you. Perhaps it is wise to talk to attorney on this one. Again, let me repeat, when you signed the lease it was between you and the landlord, not you and the lender. If you stop paying rent then the landlord will have whatever recourse any landlord would have. Once your original lease reached the expiration period you then converted to a month to month lease but are still bound by the same provisions regarding rent payments, etc…

    As far as confronting him, there certainly is no harm. Simply ask him what he plans to do as the foreclosure moves along. I wouldn’t trust what he says, but you can certainly ask.

    SD Realtor

    April 14, 2008 at 9:58 PM #187333
    SD Realtor
    Participant

    Your rental contract is between you and the landlord. Unless you have seen to it that there are special provisions regarding the event of a foreclosure, there is most likely not much you can do. I would start off by looking for another place to live. Some here may advise you to do things like squat or stop paying rent, etc… That is a personal decision for you. Perhaps it is wise to talk to attorney on this one. Again, let me repeat, when you signed the lease it was between you and the landlord, not you and the lender. If you stop paying rent then the landlord will have whatever recourse any landlord would have. Once your original lease reached the expiration period you then converted to a month to month lease but are still bound by the same provisions regarding rent payments, etc…

    As far as confronting him, there certainly is no harm. Simply ask him what he plans to do as the foreclosure moves along. I wouldn’t trust what he says, but you can certainly ask.

    SD Realtor

    April 14, 2008 at 9:58 PM #187340
    SD Realtor
    Participant

    Your rental contract is between you and the landlord. Unless you have seen to it that there are special provisions regarding the event of a foreclosure, there is most likely not much you can do. I would start off by looking for another place to live. Some here may advise you to do things like squat or stop paying rent, etc… That is a personal decision for you. Perhaps it is wise to talk to attorney on this one. Again, let me repeat, when you signed the lease it was between you and the landlord, not you and the lender. If you stop paying rent then the landlord will have whatever recourse any landlord would have. Once your original lease reached the expiration period you then converted to a month to month lease but are still bound by the same provisions regarding rent payments, etc…

    As far as confronting him, there certainly is no harm. Simply ask him what he plans to do as the foreclosure moves along. I wouldn’t trust what he says, but you can certainly ask.

    SD Realtor

    April 14, 2008 at 10:26 PM #187373
    temeculaguy
    Participant

    go to foreclosure.com to check for the nod, it lists the name in the preforeclosure tab and you can sort by street or name to make it quicker, but they lag in posting and the county doesn’t. Riverside county has grantee searches online for free that will tell you when the nod was, 90 days later, almost to the day will be the not, 30 days later will be the sale. check on the sd county website for grantee searches, don’t trust the landlord for dates. Worce case scenario is you have to make a personal visit to the recorders office at 1600 pacific coast highway, nods and nots are public record and they have to be recorded.

    The best advice is what Padre said, give notice and indicate that your deposit will be your last month’s rent because you can’t be sure of getting it back since he is in default, don’t try to get anything for free but protect yourself from losing anything.

    April 14, 2008 at 10:26 PM #187382
    temeculaguy
    Participant

    go to foreclosure.com to check for the nod, it lists the name in the preforeclosure tab and you can sort by street or name to make it quicker, but they lag in posting and the county doesn’t. Riverside county has grantee searches online for free that will tell you when the nod was, 90 days later, almost to the day will be the not, 30 days later will be the sale. check on the sd county website for grantee searches, don’t trust the landlord for dates. Worce case scenario is you have to make a personal visit to the recorders office at 1600 pacific coast highway, nods and nots are public record and they have to be recorded.

    The best advice is what Padre said, give notice and indicate that your deposit will be your last month’s rent because you can’t be sure of getting it back since he is in default, don’t try to get anything for free but protect yourself from losing anything.

    April 14, 2008 at 10:26 PM #187367
    temeculaguy
    Participant

    go to foreclosure.com to check for the nod, it lists the name in the preforeclosure tab and you can sort by street or name to make it quicker, but they lag in posting and the county doesn’t. Riverside county has grantee searches online for free that will tell you when the nod was, 90 days later, almost to the day will be the not, 30 days later will be the sale. check on the sd county website for grantee searches, don’t trust the landlord for dates. Worce case scenario is you have to make a personal visit to the recorders office at 1600 pacific coast highway, nods and nots are public record and they have to be recorded.

    The best advice is what Padre said, give notice and indicate that your deposit will be your last month’s rent because you can’t be sure of getting it back since he is in default, don’t try to get anything for free but protect yourself from losing anything.

    April 14, 2008 at 10:26 PM #187337
    temeculaguy
    Participant

    go to foreclosure.com to check for the nod, it lists the name in the preforeclosure tab and you can sort by street or name to make it quicker, but they lag in posting and the county doesn’t. Riverside county has grantee searches online for free that will tell you when the nod was, 90 days later, almost to the day will be the not, 30 days later will be the sale. check on the sd county website for grantee searches, don’t trust the landlord for dates. Worce case scenario is you have to make a personal visit to the recorders office at 1600 pacific coast highway, nods and nots are public record and they have to be recorded.

    The best advice is what Padre said, give notice and indicate that your deposit will be your last month’s rent because you can’t be sure of getting it back since he is in default, don’t try to get anything for free but protect yourself from losing anything.

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