[ucodegen]

I’m already in the middle of it.

You are if you let yourself be put in the middle.

This woman called me up at 8:00 pm (I kid you not) and proceeded with a sob story of how her and her husband gave the son large amounts of money to purchase the house they live in and funded some other type of real estate investment for them.

This call crosses legal boundaries and can be considered harassment. In addition, if I were the mom, I would be careful of using the term ‘gave’.

They are not on speaking terms. The last I talked with the mother, the son said some things to her that was so horrible, she had to hang up on him.

Irrelevant on not being on speaking terms. This is getting into the middle. Your dealings with either need to be kept at the professional and legal level. They are both trying to draw you in.

The mother filed a notice of default on this property last month. The son says his lawyer will block it. The son is adamant that he’s not going to lose the property. Does anybody on here believe him?

Irrelevant. The NOD does not transfer ownership it is only the first step. Don’t put any weight on promises. For all you know, they are both in it together.

the mother sent me a whole packet on “rent skimming” said it’s exactly what her son is doing. I guess he is.
He hasn’t paid his mortgage in over 6 months.

And she waited close to 6 months to do anything? She is an enabler. Your contract is with the son. Don’t get in between them. Once the mother(second lien) forecloses, it will be with the mother. Don’t shortcut. If you start paying the mother, you can be evicted by the son because until the transfer, he is the owner.

I didn’t mention that the house I’m in is next to some horrible neighbors. The lady takes in foster kids. What the owner did NOT mention to me when I signed the lease was that one of this lady’s teenage foster kids sexually assaulted a nine-year-old-girl who lived on this street.

Good enough reason to move.. should have done it sooner. So you want your son to learn from this deviant who is your neighbor?

There is a nice community of brand new apts that look like condos in a good area (the school aren’t good, so I would put in a transfer)) that would allow me to save money for a house and get out of this mess.

Umm.. what are you waiting for? And the schools where you are (with the likes of that deviant), are good?

[ucodegen]

@The OC Scam

The difference here is that the property owner is demanding payments and saying that he is NOT letting the property go.

[ucodegen]

@The OC Scam

The difference here is that the property owner is demanding payments and saying that he is NOT letting the property go.

[ucodegen]

@The OC Scam

The difference here is that the property owner is demanding payments and saying that he is NOT letting the property go.

[ucodegen]

FYI, I was advised by a broker and real estate agent that the house was probably going to foreclose and not to pay the owner or his mother another cent!

Brokers and real estate agents are not qualified to give this type of advice.. and they shouldn’t be giving it.

Well, the mother saved it from foreclosing with the senior lien holder, but now the son will not pay his mother and who’s to stop her company from foreclosing.

Who is to stop her from foreclosing? Only if the son comes up with the money! This is why I mentioned you have to follow property and contract law. You have a situation where both could be demanding the rental payment. The question is, who gets it. I would recommend that the mother take immediate action on the property. Until she does, it looks like the son(owner) gets the rent, not the mother(second lienholder), even in spite of the Deed of Trust. The way the trust is worded, it looks like she is trying to save him from himself. You don’t want to get in the middle of that.

In addition, the mother(second) can’t have it both ways:
Please understand, we are NOT a Property Manager and we are not responsible for any repairs to the property during this rent assignment period until notified to the contrary.
If you are a property manager, you can evict and demand rent. If you are only the lien holder you can only demand payments from the one who the loan is with, not any tenant on the property. If you are not the property manager or owner, you do not have the power to evict.

The real kicker here is that they are mother and son and both are demanding payments from the tenant instead of handling it between them. They will really NOT want this to go to court because the judge would not look well on their behavior.

[ucodegen]

FYI, I was advised by a broker and real estate agent that the house was probably going to foreclose and not to pay the owner or his mother another cent!

Brokers and real estate agents are not qualified to give this type of advice.. and they shouldn’t be giving it.

Well, the mother saved it from foreclosing with the senior lien holder, but now the son will not pay his mother and who’s to stop her company from foreclosing.

Who is to stop her from foreclosing? Only if the son comes up with the money! This is why I mentioned you have to follow property and contract law. You have a situation where both could be demanding the rental payment. The question is, who gets it. I would recommend that the mother take immediate action on the property. Until she does, it looks like the son(owner) gets the rent, not the mother(second lienholder), even in spite of the Deed of Trust. The way the trust is worded, it looks like she is trying to save him from himself. You don’t want to get in the middle of that.

In addition, the mother(second) can’t have it both ways:
Please understand, we are NOT a Property Manager and we are not responsible for any repairs to the property during this rent assignment period until notified to the contrary.
If you are a property manager, you can evict and demand rent. If you are only the lien holder you can only demand payments from the one who the loan is with, not any tenant on the property. If you are not the property manager or owner, you do not have the power to evict.

The real kicker here is that they are mother and son and both are demanding payments from the tenant instead of handling it between them. They will really NOT want this to go to court because the judge would not look well on their behavior.

[ucodegen]

FYI, I was advised by a broker and real estate agent that the house was probably going to foreclose and not to pay the owner or his mother another cent!

Brokers and real estate agents are not qualified to give this type of advice.. and they shouldn’t be giving it.

Well, the mother saved it from foreclosing with the senior lien holder, but now the son will not pay his mother and who’s to stop her company from foreclosing.

Who is to stop her from foreclosing? Only if the son comes up with the money! This is why I mentioned you have to follow property and contract law. You have a situation where both could be demanding the rental payment. The question is, who gets it. I would recommend that the mother take immediate action on the property. Until she does, it looks like the son(owner) gets the rent, not the mother(second lienholder), even in spite of the Deed of Trust. The way the trust is worded, it looks like she is trying to save him from himself. You don’t want to get in the middle of that.

In addition, the mother(second) can’t have it both ways:
Please understand, we are NOT a Property Manager and we are not responsible for any repairs to the property during this rent assignment period until notified to the contrary.
If you are a property manager, you can evict and demand rent. If you are only the lien holder you can only demand payments from the one who the loan is with, not any tenant on the property. If you are not the property manager or owner, you do not have the power to evict.

The real kicker here is that they are mother and son and both are demanding payments from the tenant instead of handling it between them. They will really NOT want this to go to court because the judge would not look well on their behavior.

[ucodegen]

Another note on contract law.

There are circumstances with respect to the Deed of Trust that are interesting..

This deed of trust, since it effects rental payments and the rent, should have been revealed at the point of the lease being signed. It is very hard to bind someone to a contract that they were not a party/signator to, which may also affect whether the “Assignment of Rents” is even legal.

[ucodegen]

Another note on contract law.

There are circumstances with respect to the Deed of Trust that are interesting..

This deed of trust, since it effects rental payments and the rent, should have been revealed at the point of the lease being signed. It is very hard to bind someone to a contract that they were not a party/signator to, which may also affect whether the “Assignment of Rents” is even legal.

[ucodegen]

Another note on contract law.

There are circumstances with respect to the Deed of Trust that are interesting..

This deed of trust, since it effects rental payments and the rent, should have been revealed at the point of the lease being signed. It is very hard to bind someone to a contract that they were not a party/signator to, which may also affect whether the “Assignment of Rents” is even legal.

[ucodegen]

One good thing to do.. get the owner and the holder of the second in the same room and have them hash out exactly who you are supposed to be paying and who has eviction rights etc.

[ucodegen]

One good thing to do.. get the owner and the holder of the second in the same room and have them hash out exactly who you are supposed to be paying and who has eviction rights etc.

[ucodegen]

One good thing to do.. get the owner and the holder of the second in the same room and have them hash out exactly who you are supposed to be paying and who has eviction rights etc.

[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.

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