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  • October 7, 2009 at 10:30 PM #16462
    feraina
    Participant

    I’m a regular lurker and very occasional poster. I need some urgent help and advice. My landlord and I had a verbal agreement (two weeks ago) to extend the current lease, which just today entered into its last month. Actually he first tried to sell it to me, but I told him I’d rather just rent for now. But I know that he’s deeply underwater (paid $350K, but similar units sold for $200K earlier this year), and he has considered a short sale. Since that conversation, he has not returned any of my four phone calls, and I’m getting increasingly worried.

    I am wondering if anyone can find out for me if he is already late on his mortgage payments. I have official-looking letters for him at my place that I haven’t dared opening, but I can’t help wondering if they’re informing him of late payments.

    I am also wondering if anyone has any advice as to what I should do in my situation or what my options are. If I can get hold of him, maybe I can sign a new lease even if he’s late. Banks are not foreclosing on homes quickly, and aren’t there new foreclosure laws protecting tenants under lease?

    I really like the place and the rent is a good deal. My security deposit is the rent for this last month, so I can wait it out, then pay him rent for next month. I know that by CA law we will automatically go on month-to-month if he accepts that next payment. I’m also not too opposed to that idea for now.

    October 7, 2009 at 11:15 PM #465482
    temeculaguy
    Participant

    Use the search function to search old threads, we’ve probably covered this a few dozen times. I am not brushing you aside, it’s just that you shouldn’t give anyone your address, even in a private message, so you are going to have to do it yourself. The offcial looking mail can be junk mail, if the return address is from the superior court, you may have trouble but don’t guess, go find out.

    O.K., I’ll do it. If it’s riverside county, you can get it all online, for S.D. i think you need to visit the county recorders office (one downtown and one in San marcos, I think). Get the assessors parcel number (apn), figure out how your landlord is holding title (not everyone uses their name, some have it in a family trust) then have them search that parcel for liens and notices (notice of default and notice of trustee sale are what you are looking for. Also check him and (not or) whatever other name is on there or family trust. Avoid the subscription sites, you only need one bit of info, it’s not that hard, actually it’s kinda fun.

    October 7, 2009 at 11:15 PM #465671
    temeculaguy
    Participant

    Use the search function to search old threads, we’ve probably covered this a few dozen times. I am not brushing you aside, it’s just that you shouldn’t give anyone your address, even in a private message, so you are going to have to do it yourself. The offcial looking mail can be junk mail, if the return address is from the superior court, you may have trouble but don’t guess, go find out.

    O.K., I’ll do it. If it’s riverside county, you can get it all online, for S.D. i think you need to visit the county recorders office (one downtown and one in San marcos, I think). Get the assessors parcel number (apn), figure out how your landlord is holding title (not everyone uses their name, some have it in a family trust) then have them search that parcel for liens and notices (notice of default and notice of trustee sale are what you are looking for. Also check him and (not or) whatever other name is on there or family trust. Avoid the subscription sites, you only need one bit of info, it’s not that hard, actually it’s kinda fun.

    October 7, 2009 at 11:15 PM #466311
    temeculaguy
    Participant

    Use the search function to search old threads, we’ve probably covered this a few dozen times. I am not brushing you aside, it’s just that you shouldn’t give anyone your address, even in a private message, so you are going to have to do it yourself. The offcial looking mail can be junk mail, if the return address is from the superior court, you may have trouble but don’t guess, go find out.

    O.K., I’ll do it. If it’s riverside county, you can get it all online, for S.D. i think you need to visit the county recorders office (one downtown and one in San marcos, I think). Get the assessors parcel number (apn), figure out how your landlord is holding title (not everyone uses their name, some have it in a family trust) then have them search that parcel for liens and notices (notice of default and notice of trustee sale are what you are looking for. Also check him and (not or) whatever other name is on there or family trust. Avoid the subscription sites, you only need one bit of info, it’s not that hard, actually it’s kinda fun.

    October 7, 2009 at 11:15 PM #466024
    temeculaguy
    Participant

    Use the search function to search old threads, we’ve probably covered this a few dozen times. I am not brushing you aside, it’s just that you shouldn’t give anyone your address, even in a private message, so you are going to have to do it yourself. The offcial looking mail can be junk mail, if the return address is from the superior court, you may have trouble but don’t guess, go find out.

    O.K., I’ll do it. If it’s riverside county, you can get it all online, for S.D. i think you need to visit the county recorders office (one downtown and one in San marcos, I think). Get the assessors parcel number (apn), figure out how your landlord is holding title (not everyone uses their name, some have it in a family trust) then have them search that parcel for liens and notices (notice of default and notice of trustee sale are what you are looking for. Also check him and (not or) whatever other name is on there or family trust. Avoid the subscription sites, you only need one bit of info, it’s not that hard, actually it’s kinda fun.

    October 7, 2009 at 11:15 PM #466097
    temeculaguy
    Participant

    Use the search function to search old threads, we’ve probably covered this a few dozen times. I am not brushing you aside, it’s just that you shouldn’t give anyone your address, even in a private message, so you are going to have to do it yourself. The offcial looking mail can be junk mail, if the return address is from the superior court, you may have trouble but don’t guess, go find out.

    O.K., I’ll do it. If it’s riverside county, you can get it all online, for S.D. i think you need to visit the county recorders office (one downtown and one in San marcos, I think). Get the assessors parcel number (apn), figure out how your landlord is holding title (not everyone uses their name, some have it in a family trust) then have them search that parcel for liens and notices (notice of default and notice of trustee sale are what you are looking for. Also check him and (not or) whatever other name is on there or family trust. Avoid the subscription sites, you only need one bit of info, it’s not that hard, actually it’s kinda fun.

    October 8, 2009 at 8:50 AM #465572
    briansd1
    Guest

    [quote=temeculaguy] Avoid the subscription sites, you only need one bit of info, it’s not that hard, actually it’s kinda fun.[/quote]

    Good advice.

    Go down to the Recorder’s office. There’s a branch in San Marcos, Kearny Mesa and Downtown.

    The landlord may own other properties in which case there’s a good possibility that he’s gotten NODs on at least one property.

    If the landlord has no notice of default on your rental, then he may simply beginning to be late on his mortgage payments. At this stage, there’s no way to find out if he’s stopped paying his mortgage payments from public records. You’d have to call the mortgage company. Don’t impersonate the landlord, but express directly to them your concerns. There may be an assignment of rent clause in the loan that allows the bank to collect rent directly from the renter.

    If there’s a default, I wouldn’t pay a penny to anyone. I would wait for the court to adjudicate the case. There will eventually be a foreclosure and you’ll be asked to move. The bank maybe even pay you cash for keys.

    If the landlord tries to evict you, he has to initiate something called unlawful detainer. He need resources and wherewithal to do that. If he’s not returning your calls, perhaps, he’s already walked, moved out of state or whatever.

    Others will talk about honor, keeping your word, and that kind of crap… but in the end it’s about protecting your own interests. If I were you, I’d play hardball.

    A contract is made to be broken and renegotiated. We all know that.

    October 8, 2009 at 8:50 AM #465761
    briansd1
    Guest

    [quote=temeculaguy] Avoid the subscription sites, you only need one bit of info, it’s not that hard, actually it’s kinda fun.[/quote]

    Good advice.

    Go down to the Recorder’s office. There’s a branch in San Marcos, Kearny Mesa and Downtown.

    The landlord may own other properties in which case there’s a good possibility that he’s gotten NODs on at least one property.

    If the landlord has no notice of default on your rental, then he may simply beginning to be late on his mortgage payments. At this stage, there’s no way to find out if he’s stopped paying his mortgage payments from public records. You’d have to call the mortgage company. Don’t impersonate the landlord, but express directly to them your concerns. There may be an assignment of rent clause in the loan that allows the bank to collect rent directly from the renter.

    If there’s a default, I wouldn’t pay a penny to anyone. I would wait for the court to adjudicate the case. There will eventually be a foreclosure and you’ll be asked to move. The bank maybe even pay you cash for keys.

    If the landlord tries to evict you, he has to initiate something called unlawful detainer. He need resources and wherewithal to do that. If he’s not returning your calls, perhaps, he’s already walked, moved out of state or whatever.

    Others will talk about honor, keeping your word, and that kind of crap… but in the end it’s about protecting your own interests. If I were you, I’d play hardball.

    A contract is made to be broken and renegotiated. We all know that.

    October 8, 2009 at 8:50 AM #466400
    briansd1
    Guest

    [quote=temeculaguy] Avoid the subscription sites, you only need one bit of info, it’s not that hard, actually it’s kinda fun.[/quote]

    Good advice.

    Go down to the Recorder’s office. There’s a branch in San Marcos, Kearny Mesa and Downtown.

    The landlord may own other properties in which case there’s a good possibility that he’s gotten NODs on at least one property.

    If the landlord has no notice of default on your rental, then he may simply beginning to be late on his mortgage payments. At this stage, there’s no way to find out if he’s stopped paying his mortgage payments from public records. You’d have to call the mortgage company. Don’t impersonate the landlord, but express directly to them your concerns. There may be an assignment of rent clause in the loan that allows the bank to collect rent directly from the renter.

    If there’s a default, I wouldn’t pay a penny to anyone. I would wait for the court to adjudicate the case. There will eventually be a foreclosure and you’ll be asked to move. The bank maybe even pay you cash for keys.

    If the landlord tries to evict you, he has to initiate something called unlawful detainer. He need resources and wherewithal to do that. If he’s not returning your calls, perhaps, he’s already walked, moved out of state or whatever.

    Others will talk about honor, keeping your word, and that kind of crap… but in the end it’s about protecting your own interests. If I were you, I’d play hardball.

    A contract is made to be broken and renegotiated. We all know that.

    October 8, 2009 at 8:50 AM #466189
    briansd1
    Guest

    [quote=temeculaguy] Avoid the subscription sites, you only need one bit of info, it’s not that hard, actually it’s kinda fun.[/quote]

    Good advice.

    Go down to the Recorder’s office. There’s a branch in San Marcos, Kearny Mesa and Downtown.

    The landlord may own other properties in which case there’s a good possibility that he’s gotten NODs on at least one property.

    If the landlord has no notice of default on your rental, then he may simply beginning to be late on his mortgage payments. At this stage, there’s no way to find out if he’s stopped paying his mortgage payments from public records. You’d have to call the mortgage company. Don’t impersonate the landlord, but express directly to them your concerns. There may be an assignment of rent clause in the loan that allows the bank to collect rent directly from the renter.

    If there’s a default, I wouldn’t pay a penny to anyone. I would wait for the court to adjudicate the case. There will eventually be a foreclosure and you’ll be asked to move. The bank maybe even pay you cash for keys.

    If the landlord tries to evict you, he has to initiate something called unlawful detainer. He need resources and wherewithal to do that. If he’s not returning your calls, perhaps, he’s already walked, moved out of state or whatever.

    Others will talk about honor, keeping your word, and that kind of crap… but in the end it’s about protecting your own interests. If I were you, I’d play hardball.

    A contract is made to be broken and renegotiated. We all know that.

    October 8, 2009 at 8:50 AM #466115
    briansd1
    Guest

    [quote=temeculaguy] Avoid the subscription sites, you only need one bit of info, it’s not that hard, actually it’s kinda fun.[/quote]

    Good advice.

    Go down to the Recorder’s office. There’s a branch in San Marcos, Kearny Mesa and Downtown.

    The landlord may own other properties in which case there’s a good possibility that he’s gotten NODs on at least one property.

    If the landlord has no notice of default on your rental, then he may simply beginning to be late on his mortgage payments. At this stage, there’s no way to find out if he’s stopped paying his mortgage payments from public records. You’d have to call the mortgage company. Don’t impersonate the landlord, but express directly to them your concerns. There may be an assignment of rent clause in the loan that allows the bank to collect rent directly from the renter.

    If there’s a default, I wouldn’t pay a penny to anyone. I would wait for the court to adjudicate the case. There will eventually be a foreclosure and you’ll be asked to move. The bank maybe even pay you cash for keys.

    If the landlord tries to evict you, he has to initiate something called unlawful detainer. He need resources and wherewithal to do that. If he’s not returning your calls, perhaps, he’s already walked, moved out of state or whatever.

    Others will talk about honor, keeping your word, and that kind of crap… but in the end it’s about protecting your own interests. If I were you, I’d play hardball.

    A contract is made to be broken and renegotiated. We all know that.

    October 8, 2009 at 9:41 AM #466420
    SD Realtor
    Participant

    I cannot comment on what you should do, but if you want to post or message the address I can look to see if it is in default.

    October 8, 2009 at 9:41 AM #466210
    SD Realtor
    Participant

    I cannot comment on what you should do, but if you want to post or message the address I can look to see if it is in default.

    October 8, 2009 at 9:41 AM #466135
    SD Realtor
    Participant

    I cannot comment on what you should do, but if you want to post or message the address I can look to see if it is in default.

    October 8, 2009 at 9:41 AM #465591
    SD Realtor
    Participant

    I cannot comment on what you should do, but if you want to post or message the address I can look to see if it is in default.

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