[quote=sdrenternts]In May 2009, I signed a 2 year lease and the realtor/leasing agent did not disclose that the landlord was in default even though I asked.
[/quote]
This was probably true at the time (based upon the rest of your post).
[quote=sdrenternts]
In July 2010, there was a notice of trustee sale on the door. Right about the same time, my landlord tried to evict me and my kids. She accused us of changing locks, having a pet in the house, etc.
[/quote]
Unless it was a multiyear lease, why not just terminate the tenancy without the bullshit?
Probably there was some other factor (like her financial distress at play) and she was either venting or thought getting you out would benefit her in some way.
Either way it sounds pretty classless.
[quote=sdrenternts]
Then she changed tactic and told me that she was “refinancing” and if anyone asks, I am her sister (despite the fact that she’s Persian and I am Asian). However, no one came by (as far as I know). It appeared that she managed to “refinance”. [/quote]
Probably she had always claimed the house as a primary and the “refi” was really a loan mod.
It is common in these mods to stop paying the mortgage and sometimes, it comes up for NOT again.
If you are willing to lie for her (and I am not saying you should), then at least ask for a rent discount for doing so.
You deserve some compensation for this bs.
[quote=sdrenternts] Then, I found out that the condo is again scheduled for a court house sale in February 2011 – but the sale date kept getting changed. The owed amount went from $595,000 to $625,000 in the 7 month period.
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That is probably the amount growing as she misses payments.
It is probably not an actual larger refi.
In 2009, there were not a lot of places doing that.
[quote=sdrenternts]
It looks like she has been collecting rent from me but have not been making her mortgage payments.
[/quote]
That is common and legal (though sketchy).
A landlord does not have be current with mortgage to ask for rent (or to evict you for non-payment).
[quote=sdrenternts]
Today, the house was listed for sale. The sale comps are $550,000 but the condo is llsted for $670,000. There is no for sale sign on my condo.
I would just like to understand what’s going on. She has been dishonest since day 1.[/quote]
Yup
[quote=sdrenternts] If she was really just “refinancing” why would she want me to lie for her?
[/quote]see above
[quote=sdrenternts] Whether she’s going through a short sale or not, why would she price the listing so high? [/quote]Wishful thinking
OR
She is going for a HAFA short sale which tends to be higher priced but offers money to a seller for moving expenses.
[quote=sdrenternts] Are there HAMP programs for investors?
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Negative ghostrider.
Almost every government program is contingent on residence.
[quote=sdrenternts]If the listing agent knows that the property does not qualify for a short sale, is there an obligation to inform the bank?
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There is no indication based on what you have said that it does not qualify.
They may lower the price or your knowledge of comps may be wrong or they may accept a much lower offer.
That is not really material.
[quote=sdrenternts]
Do leasings agents have a duty to disclose distressed property — especially when specifically asked?
[/quote]
Yes but it is public record when the default was filed. If the Notice of Trustee Sale started in July 2010 then it is unlikely that the Notice of Default existed in Feb 2009.
But yes, it is possible that he could have been lying.
[quote=sdrenternts]
Lastly, if something fishy is going on, is this worth reporting (i.e. will anyone care?).
[/quote]
Probably not.
However you can use this to your advantage.
You should insist upon an electronic lock box and 24 hours notice and that it only be shown M-F 9-5
Then you should ask for a discount in rent for:
-keeping the place in showing condition
-showing it outside of normal business hours (9am-5pm)
-showing it on the weekends
-Open houses
and remind her about the lying request.
Also, bear in mind that if she gets foreclosed on while you live there, then worst case, you get 90 days free rent.
So, in many ways, it is not a bad thing if that happens.
Also, you should insist upon getting your deposit back or that it be held in someone’s trust account.
[quote=sdrenternts]
I’d really appreciate any insight or advice anyone has to offer. Thanks.[/quote]
