Not only that, the second mortgage holder (his mother) who sent the assignment of rents had the gall to send me this letter:
Dear John and Jane Doe (owners-her son and daugher-in-law)
Per our earlier conversation, wer are in agreement that perhaps the miscommunication the tenant (me) received from yourself regarding, the requirement for the tenant to pay the rent direct to XXXXX Mortgage Corporation, has now caused this particular person to, for lack of a better word, take advantage of the circumstances.
Regardless of where the rent is paid, there is a moral and legal obligation for that rent to continue and it is for this reason that we will first give you the opportunity within the next 2-3 business days to utilize a service from the attached recommendations which will serve the 3-day notice of eviction and start the judicial process a judgement for the rents as well as any costs incurred should the tenant move out without leaving the property in proper order.
We equally suggest that you have a conversation with this individual that is she is struggling financially and cannot afford to live in the home she should at least possess the integrity to work out a proper move out so that you could rent the property in order not to cause you to incur a default with the senior lien.
As we both agree, the senior lien has been reinstated; however, you still have the workout agreement that exists with our company when not a concern to the tenant other than complying regularly with paying rent in exchange for a place to live, which I assume Ms. Palmer is continuing to take advantage of.
We therefore require that you take immediate action through one of these companies attached, otherwise our next step as “mortgagee in possession” would be to hire an attorney to obtain action necessary to either cause payment of the lease or extraction from the property.
Sincerly,
XXXX Mortgage Company
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To forum members, it gets worse for me. I did not pay rent for 2 months because I thought the senior lien would foreclose. The second mortgage holder (his mother)saved the loan 2 weeks before it was due to go to auction. Now I would have to pay the owner an extra $500 a month on top of the montly rent to stay to get caught up. I did not pay because I thought the house was going to foreclose. Now he wants me to pay the back 2 months rent. I used that money for bills (maybe I shouldn’t have) now I will be struggling if I stay here.
