Help me please!

[nostradamus]

Hi Marion,

I really do think the best thing to do would be get out of there. Are you particularly attached to that place?

The biggest problem is you currently don’t have a signed lease, thus have no leverage to argue that there has been a violation of your contract.

BTW I’m not an expert in these matters, just trying to give an unbiased viewpoint. My first reaction was wow, that’s crazy!

[Anonymous]

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

****************************************

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.

Can they evict me?

[Anonymous]

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

****************************************

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.

Can they evict me?

[Anonymous]

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

****************************************

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.

Can they evict me?

[Anonymous]

nostradamus, I’m not attached and want to move anyway. It’s my kid that’s attached. But, I might just have to go, so I hope my kid gets over it. I really don’t feel comfortable, because I’m unclear about the future of the property. Let’s say the mother (second mortgage holder) does foreclose. What happens to me? Couldn’t her company decide to sell the property? (Not that anything is selling anyway-I’m in Murrieta CA)

P.S. The owner has offered to give me a new lease, but it the mother forecloses won’t that be null and void?

Again, the only reason I’m considering staying is because of my son, but he may just have to get over leaving his friends. 🙁

[Anonymous]

nostradamus, I’m not attached and want to move anyway. It’s my kid that’s attached. But, I might just have to go, so I hope my kid gets over it. I really don’t feel comfortable, because I’m unclear about the future of the property. Let’s say the mother (second mortgage holder) does foreclose. What happens to me? Couldn’t her company decide to sell the property? (Not that anything is selling anyway-I’m in Murrieta CA)

P.S. The owner has offered to give me a new lease, but it the mother forecloses won’t that be null and void?

Again, the only reason I’m considering staying is because of my son, but he may just have to get over leaving his friends. 🙁

[Anonymous]

nostradamus, I’m not attached and want to move anyway. It’s my kid that’s attached. But, I might just have to go, so I hope my kid gets over it. I really don’t feel comfortable, because I’m unclear about the future of the property. Let’s say the mother (second mortgage holder) does foreclose. What happens to me? Couldn’t her company decide to sell the property? (Not that anything is selling anyway-I’m in Murrieta CA)

P.S. The owner has offered to give me a new lease, but it the mother forecloses won’t that be null and void?

Again, the only reason I’m considering staying is because of my son, but he may just have to get over leaving his friends. 🙁

[bsrsharma]

Attached is a copy of the Deed of Trust executed by John Doe and Jane Doe,

If that document appears Kosher (i.e. the property owners signed away their right to collect rents, in case of default AND default has taken place i.e. you have a copy of NOD), I think you are on good legal ground to send your rent to the Assignee (the one who sent that letter).

I am still curious! Can you post that Deed of Trust too? You don't even have to hide any names (unless you want to) since it is a publicly recorded document.

[bsrsharma]

Attached is a copy of the Deed of Trust executed by John Doe and Jane Doe,

If that document appears Kosher (i.e. the property owners signed away their right to collect rents, in case of default AND default has taken place i.e. you have a copy of NOD), I think you are on good legal ground to send your rent to the Assignee (the one who sent that letter).

I am still curious! Can you post that Deed of Trust too? You don't even have to hide any names (unless you want to) since it is a publicly recorded document.

[bsrsharma]

Attached is a copy of the Deed of Trust executed by John Doe and Jane Doe,

If that document appears Kosher (i.e. the property owners signed away their right to collect rents, in case of default AND default has taken place i.e. you have a copy of NOD), I think you are on good legal ground to send your rent to the Assignee (the one who sent that letter).

I am still curious! Can you post that Deed of Trust too? You don't even have to hide any names (unless you want to) since it is a publicly recorded document.

[ucodegen]

Until foreclosure goes through, the person you are currently renting from owns the property. Your rental contract is with this person, not the holder of the second paper.

The owner of the second paper has to go through the process and become the owner before the rent can be legally demanded by them. The holder of the second paper as a contract with the purchaser, but not you. The two of them have to work it out, and you should presently be paying the ‘owner’ not the second.

You may want to warn the second that demanding payment direct from you as well as taking any action against you before their foreclosure completes.. is illegal(They have a lien against the property, but don’t own it). Taking action against you for not paying the second before the forclosure is also illegal. Any attempt for the second to collect directly against you under threat of eviction is considered extortion.

You may also want to mention to the holder of the second, that they should work it out with the owner and not involve you. The second should mention to the owner that the second is a recourse loan, meaning that the holder of the second can go after other assets of the owner after foreclosure for the balance or deficit. The holder of the second may want to work out a signed agreement with the owner (signed by both) that the second gives up the right to pursue for any deficit in return for having the rent assigned and payed directly to the holder of the second while the property is going through the foreclosure process.

NOTE: I am assuming that the ‘assignment of rent’ was only signed by the second

Once foreclosure completes, the second can not go after you for any payments made to the owner prior to foreclosure.

I think the holder of the second paper was trying to ‘shortcut’ the process.

And don’t short the rent like you did.. not a good idea. The owner can evict you for this, but not the holder of the second paper.

[ucodegen]

Until foreclosure goes through, the person you are currently renting from owns the property. Your rental contract is with this person, not the holder of the second paper.

The owner of the second paper has to go through the process and become the owner before the rent can be legally demanded by them. The holder of the second paper as a contract with the purchaser, but not you. The two of them have to work it out, and you should presently be paying the ‘owner’ not the second.

You may want to warn the second that demanding payment direct from you as well as taking any action against you before their foreclosure completes.. is illegal(They have a lien against the property, but don’t own it). Taking action against you for not paying the second before the forclosure is also illegal. Any attempt for the second to collect directly against you under threat of eviction is considered extortion.

You may also want to mention to the holder of the second, that they should work it out with the owner and not involve you. The second should mention to the owner that the second is a recourse loan, meaning that the holder of the second can go after other assets of the owner after foreclosure for the balance or deficit. The holder of the second may want to work out a signed agreement with the owner (signed by both) that the second gives up the right to pursue for any deficit in return for having the rent assigned and payed directly to the holder of the second while the property is going through the foreclosure process.

NOTE: I am assuming that the ‘assignment of rent’ was only signed by the second

Once foreclosure completes, the second can not go after you for any payments made to the owner prior to foreclosure.

I think the holder of the second paper was trying to ‘shortcut’ the process.

And don’t short the rent like you did.. not a good idea. The owner can evict you for this, but not the holder of the second paper.

[ucodegen]

Until foreclosure goes through, the person you are currently renting from owns the property. Your rental contract is with this person, not the holder of the second paper.

The owner of the second paper has to go through the process and become the owner before the rent can be legally demanded by them. The holder of the second paper as a contract with the purchaser, but not you. The two of them have to work it out, and you should presently be paying the ‘owner’ not the second.

You may want to warn the second that demanding payment direct from you as well as taking any action against you before their foreclosure completes.. is illegal(They have a lien against the property, but don’t own it). Taking action against you for not paying the second before the forclosure is also illegal. Any attempt for the second to collect directly against you under threat of eviction is considered extortion.

You may also want to mention to the holder of the second, that they should work it out with the owner and not involve you. The second should mention to the owner that the second is a recourse loan, meaning that the holder of the second can go after other assets of the owner after foreclosure for the balance or deficit. The holder of the second may want to work out a signed agreement with the owner (signed by both) that the second gives up the right to pursue for any deficit in return for having the rent assigned and payed directly to the holder of the second while the property is going through the foreclosure process.

NOTE: I am assuming that the ‘assignment of rent’ was only signed by the second

Once foreclosure completes, the second can not go after you for any payments made to the owner prior to foreclosure.

I think the holder of the second paper was trying to ‘shortcut’ the process.

And don’t short the rent like you did.. not a good idea. The owner can evict you for this, but not the holder of the second paper.

[ucodegen]

If that document appears Kosher (i.e. the property owners signed away their right to collect rents, in case of default AND default has taken place i.e. you have a copy of NOD), I think you are on good legal ground to send your rent to the Assignee (the one who sent that letter).

Only if both signatures are on the paper.

[ucodegen]

If that document appears Kosher (i.e. the property owners signed away their right to collect rents, in case of default AND default has taken place i.e. you have a copy of NOD), I think you are on good legal ground to send your rent to the Assignee (the one who sent that letter).

Only if both signatures are on the paper.

[Author]

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