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HLS
ParticipantLink to YouTube and Ron Paul
ParticipantFORM..
Here’s an update for you which may or MAY NOT apply to your situation:I talked to someone today who is involved in such transactions…
It’s a competitive market for realty agents to get exclusive REO listings on foreclosed properties from a lender. It’s not always a bank, it may be servicer that has the rights and ownership after the trustee sale.
Agents may bid to get the listings, and part of their agreement might be to take a reduced commission AND the responsibility of getting the tenant/owner out of the property and having it in decent condition.
The servicer might say: Get possession of the house (vacant) within 10 days, we are willing to pay $2500 for a clean property, or $1500 for 11-20 days, or whatever..
If the agent is happy with the selling commission that they agreed to, they might offer the occupant the full $2500/$1500..
If they aren’t getting a big commission they may try to pocket the vacancy fee to compensate…
Not even sure exactly what is “legal”…He says that he just offers the occupant full whack from day one, and just explains that it’s in their best interest to vacate without vandalism and they get all the money that is being offered.
He helped carry the last guys aquarium out of the house telling him that it was the best decision for all parties.
If the servicer has in fact assigned the property to a selling agent, they may not want to talk to you, they are busy foreclosing on your neighbor next.
Something similar may be going on with you… just tell them that you have nowhere to go and that you cannot afford to move. Negotiate…
Don’t let them see the expensive stuff in the house, I don’t think that they have any right to enter premises.
If you are worried, consult an attorney.
I would take the landlord to small claims court, it’s an interesting experience if you have the time.
You might even end up on TV.Posession is nine tenths 😉
ParticipantFORM..
Here’s an update for you which may or MAY NOT apply to your situation:I talked to someone today who is involved in such transactions…
It’s a competitive market for realty agents to get exclusive REO listings on foreclosed properties from a lender. It’s not always a bank, it may be servicer that has the rights and ownership after the trustee sale.
Agents may bid to get the listings, and part of their agreement might be to take a reduced commission AND the responsibility of getting the tenant/owner out of the property and having it in decent condition.
The servicer might say: Get possession of the house (vacant) within 10 days, we are willing to pay $2500 for a clean property, or $1500 for 11-20 days, or whatever..
If the agent is happy with the selling commission that they agreed to, they might offer the occupant the full $2500/$1500..
If they aren’t getting a big commission they may try to pocket the vacancy fee to compensate…
Not even sure exactly what is “legal”…He says that he just offers the occupant full whack from day one, and just explains that it’s in their best interest to vacate without vandalism and they get all the money that is being offered.
He helped carry the last guys aquarium out of the house telling him that it was the best decision for all parties.
If the servicer has in fact assigned the property to a selling agent, they may not want to talk to you, they are busy foreclosing on your neighbor next.
Something similar may be going on with you… just tell them that you have nowhere to go and that you cannot afford to move. Negotiate…
Don’t let them see the expensive stuff in the house, I don’t think that they have any right to enter premises.
If you are worried, consult an attorney.
I would take the landlord to small claims court, it’s an interesting experience if you have the time.
You might even end up on TV.Posession is nine tenths 😉
ParticipantFORM..
Here’s an update for you which may or MAY NOT apply to your situation:I talked to someone today who is involved in such transactions…
It’s a competitive market for realty agents to get exclusive REO listings on foreclosed properties from a lender. It’s not always a bank, it may be servicer that has the rights and ownership after the trustee sale.
Agents may bid to get the listings, and part of their agreement might be to take a reduced commission AND the responsibility of getting the tenant/owner out of the property and having it in decent condition.
The servicer might say: Get possession of the house (vacant) within 10 days, we are willing to pay $2500 for a clean property, or $1500 for 11-20 days, or whatever..
If the agent is happy with the selling commission that they agreed to, they might offer the occupant the full $2500/$1500..
If they aren’t getting a big commission they may try to pocket the vacancy fee to compensate…
Not even sure exactly what is “legal”…He says that he just offers the occupant full whack from day one, and just explains that it’s in their best interest to vacate without vandalism and they get all the money that is being offered.
He helped carry the last guys aquarium out of the house telling him that it was the best decision for all parties.
If the servicer has in fact assigned the property to a selling agent, they may not want to talk to you, they are busy foreclosing on your neighbor next.
Something similar may be going on with you… just tell them that you have nowhere to go and that you cannot afford to move. Negotiate…
Don’t let them see the expensive stuff in the house, I don’t think that they have any right to enter premises.
If you are worried, consult an attorney.
I would take the landlord to small claims court, it’s an interesting experience if you have the time.
You might even end up on TV.Posession is nine tenths 😉
ParticipantFORM..
Here’s an update for you which may or MAY NOT apply to your situation:I talked to someone today who is involved in such transactions…
It’s a competitive market for realty agents to get exclusive REO listings on foreclosed properties from a lender. It’s not always a bank, it may be servicer that has the rights and ownership after the trustee sale.
Agents may bid to get the listings, and part of their agreement might be to take a reduced commission AND the responsibility of getting the tenant/owner out of the property and having it in decent condition.
The servicer might say: Get possession of the house (vacant) within 10 days, we are willing to pay $2500 for a clean property, or $1500 for 11-20 days, or whatever..
If the agent is happy with the selling commission that they agreed to, they might offer the occupant the full $2500/$1500..
If they aren’t getting a big commission they may try to pocket the vacancy fee to compensate…
Not even sure exactly what is “legal”…He says that he just offers the occupant full whack from day one, and just explains that it’s in their best interest to vacate without vandalism and they get all the money that is being offered.
He helped carry the last guys aquarium out of the house telling him that it was the best decision for all parties.
If the servicer has in fact assigned the property to a selling agent, they may not want to talk to you, they are busy foreclosing on your neighbor next.
Something similar may be going on with you… just tell them that you have nowhere to go and that you cannot afford to move. Negotiate…
Don’t let them see the expensive stuff in the house, I don’t think that they have any right to enter premises.
If you are worried, consult an attorney.
I would take the landlord to small claims court, it’s an interesting experience if you have the time.
You might even end up on TV.Posession is nine tenths 😉
ParticipantFORM..
Here’s an update for you which may or MAY NOT apply to your situation:I talked to someone today who is involved in such transactions…
It’s a competitive market for realty agents to get exclusive REO listings on foreclosed properties from a lender. It’s not always a bank, it may be servicer that has the rights and ownership after the trustee sale.
Agents may bid to get the listings, and part of their agreement might be to take a reduced commission AND the responsibility of getting the tenant/owner out of the property and having it in decent condition.
The servicer might say: Get possession of the house (vacant) within 10 days, we are willing to pay $2500 for a clean property, or $1500 for 11-20 days, or whatever..
If the agent is happy with the selling commission that they agreed to, they might offer the occupant the full $2500/$1500..
If they aren’t getting a big commission they may try to pocket the vacancy fee to compensate…
Not even sure exactly what is “legal”…He says that he just offers the occupant full whack from day one, and just explains that it’s in their best interest to vacate without vandalism and they get all the money that is being offered.
He helped carry the last guys aquarium out of the house telling him that it was the best decision for all parties.
If the servicer has in fact assigned the property to a selling agent, they may not want to talk to you, they are busy foreclosing on your neighbor next.
Something similar may be going on with you… just tell them that you have nowhere to go and that you cannot afford to move. Negotiate…
Don’t let them see the expensive stuff in the house, I don’t think that they have any right to enter premises.
If you are worried, consult an attorney.
I would take the landlord to small claims court, it’s an interesting experience if you have the time.
You might even end up on TV.Posession is nine tenths 😉
ParticipantDHARMA,
I don’t blame you for not wanting to pay, and the late charge may become a moot point.Perhaps you can get them to agree IN WRITING to whatever terms you want, just so you are covered…
The law is a funny things. Criminals sue victims and win.
Lawyers make money..Here is a (crazy) list, state by state of how long a landlord has to return a security deposit or account for it.
Seems silly that it isn’t uniform..Next, poke around here and see what you can determine for your situation…perhaps the expense of a book is worth it to you or maybe you can find one cheaper online.
For anyone in a similar situation, always get the most current editions, laws do change !
http://www.nolo.com/resource.cfm/catid/31250834-6a2e-4970-9edd4daf221a0c7e/104/138/KNOW YOUR RIGHTS 😉
PS: Once a house IS foreclosed on, your “landlord” has some new problems if you have a lease with them..
See the “new foreclosure scam ?” in the current forum topics for details..
ParticipantDHARMA,
I don’t blame you for not wanting to pay, and the late charge may become a moot point.Perhaps you can get them to agree IN WRITING to whatever terms you want, just so you are covered…
The law is a funny things. Criminals sue victims and win.
Lawyers make money..Here is a (crazy) list, state by state of how long a landlord has to return a security deposit or account for it.
Seems silly that it isn’t uniform..Next, poke around here and see what you can determine for your situation…perhaps the expense of a book is worth it to you or maybe you can find one cheaper online.
For anyone in a similar situation, always get the most current editions, laws do change !
http://www.nolo.com/resource.cfm/catid/31250834-6a2e-4970-9edd4daf221a0c7e/104/138/KNOW YOUR RIGHTS 😉
PS: Once a house IS foreclosed on, your “landlord” has some new problems if you have a lease with them..
See the “new foreclosure scam ?” in the current forum topics for details..
ParticipantDHARMA,
I don’t blame you for not wanting to pay, and the late charge may become a moot point.Perhaps you can get them to agree IN WRITING to whatever terms you want, just so you are covered…
The law is a funny things. Criminals sue victims and win.
Lawyers make money..Here is a (crazy) list, state by state of how long a landlord has to return a security deposit or account for it.
Seems silly that it isn’t uniform..Next, poke around here and see what you can determine for your situation…perhaps the expense of a book is worth it to you or maybe you can find one cheaper online.
For anyone in a similar situation, always get the most current editions, laws do change !
http://www.nolo.com/resource.cfm/catid/31250834-6a2e-4970-9edd4daf221a0c7e/104/138/KNOW YOUR RIGHTS 😉
PS: Once a house IS foreclosed on, your “landlord” has some new problems if you have a lease with them..
See the “new foreclosure scam ?” in the current forum topics for details..
ParticipantDHARMA,
I don’t blame you for not wanting to pay, and the late charge may become a moot point.Perhaps you can get them to agree IN WRITING to whatever terms you want, just so you are covered…
The law is a funny things. Criminals sue victims and win.
Lawyers make money..Here is a (crazy) list, state by state of how long a landlord has to return a security deposit or account for it.
Seems silly that it isn’t uniform..Next, poke around here and see what you can determine for your situation…perhaps the expense of a book is worth it to you or maybe you can find one cheaper online.
For anyone in a similar situation, always get the most current editions, laws do change !
http://www.nolo.com/resource.cfm/catid/31250834-6a2e-4970-9edd4daf221a0c7e/104/138/KNOW YOUR RIGHTS 😉
PS: Once a house IS foreclosed on, your “landlord” has some new problems if you have a lease with them..
See the “new foreclosure scam ?” in the current forum topics for details..
ParticipantDHARMA,
I don’t blame you for not wanting to pay, and the late charge may become a moot point.Perhaps you can get them to agree IN WRITING to whatever terms you want, just so you are covered…
The law is a funny things. Criminals sue victims and win.
Lawyers make money..Here is a (crazy) list, state by state of how long a landlord has to return a security deposit or account for it.
Seems silly that it isn’t uniform..Next, poke around here and see what you can determine for your situation…perhaps the expense of a book is worth it to you or maybe you can find one cheaper online.
For anyone in a similar situation, always get the most current editions, laws do change !
http://www.nolo.com/resource.cfm/catid/31250834-6a2e-4970-9edd4daf221a0c7e/104/138/KNOW YOUR RIGHTS 😉
PS: Once a house IS foreclosed on, your “landlord” has some new problems if you have a lease with them..
See the “new foreclosure scam ?” in the current forum topics for details..
ParticipantLots of common sense answers, none of which substitute for the law.
The below is not legal advice, but you may want to get some.
A “security deposit” is not last months rent.
Assuming that you have a standard rental agreement,If you don’t pay by a certain date, you incur a late charge.
Upon vacating, landlord has 21 days to provide you with an itemized list of expenses/costs, which CAN include any unpaid rent + late charges, abnormal wear & tear etc.
If that is not provided(postmarked) timely, you can sue them for return of the entire deposit, and they can countersue you for back rent + late fees +Discussing this with them in advance may OR may not work to your advantage. ALL agreements should be in writing.
SC judges hate the verbal he said/she said.Providing a WRITTEN 30 day notice is a completely separate event from paying or not paying your rent.
To address an original comment, I don’t think that there is any requirement in CA to escrow a security deposit nor pay any interest on it to the tenant.
Most tenants and landlords haven’t got a clue what the laws actually are and it’s only when one party hires an attorney or actually reads their rights.
Usually it’s two “ignorant of the law” parties arguing over common sense.
Either take your chances and hope that your LL is clueless
OR
get some legal advice about how to protect your deposit correctlyGood Luck,, post an update when all is said and done~
ParticipantLots of common sense answers, none of which substitute for the law.
The below is not legal advice, but you may want to get some.
A “security deposit” is not last months rent.
Assuming that you have a standard rental agreement,If you don’t pay by a certain date, you incur a late charge.
Upon vacating, landlord has 21 days to provide you with an itemized list of expenses/costs, which CAN include any unpaid rent + late charges, abnormal wear & tear etc.
If that is not provided(postmarked) timely, you can sue them for return of the entire deposit, and they can countersue you for back rent + late fees +Discussing this with them in advance may OR may not work to your advantage. ALL agreements should be in writing.
SC judges hate the verbal he said/she said.Providing a WRITTEN 30 day notice is a completely separate event from paying or not paying your rent.
To address an original comment, I don’t think that there is any requirement in CA to escrow a security deposit nor pay any interest on it to the tenant.
Most tenants and landlords haven’t got a clue what the laws actually are and it’s only when one party hires an attorney or actually reads their rights.
Usually it’s two “ignorant of the law” parties arguing over common sense.
Either take your chances and hope that your LL is clueless
OR
get some legal advice about how to protect your deposit correctlyGood Luck,, post an update when all is said and done~
ParticipantLots of common sense answers, none of which substitute for the law.
The below is not legal advice, but you may want to get some.
A “security deposit” is not last months rent.
Assuming that you have a standard rental agreement,If you don’t pay by a certain date, you incur a late charge.
Upon vacating, landlord has 21 days to provide you with an itemized list of expenses/costs, which CAN include any unpaid rent + late charges, abnormal wear & tear etc.
If that is not provided(postmarked) timely, you can sue them for return of the entire deposit, and they can countersue you for back rent + late fees +Discussing this with them in advance may OR may not work to your advantage. ALL agreements should be in writing.
SC judges hate the verbal he said/she said.Providing a WRITTEN 30 day notice is a completely separate event from paying or not paying your rent.
To address an original comment, I don’t think that there is any requirement in CA to escrow a security deposit nor pay any interest on it to the tenant.
Most tenants and landlords haven’t got a clue what the laws actually are and it’s only when one party hires an attorney or actually reads their rights.
Usually it’s two “ignorant of the law” parties arguing over common sense.
Either take your chances and hope that your LL is clueless
OR
get some legal advice about how to protect your deposit correctlyGood Luck,, post an update when all is said and done~
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