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  1. #21
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    An ideal world to me right now would be that she doesn't foreclose. Or if she does, the new owner keeps me as a tenant.

  2. #22
    Travel Advisor fredgarvin's Avatar
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    again, i am not a lawyer, but a lease, as i understand it is a lease

  3. #23
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    Quote Originally Posted by Jess
    An ideal world to me right now would be that she doesn't foreclose. Or if she does, the new owner keeps me as a tenant.
    well from my experience it takes a very long time and once the property finally sells in the auction you have 90 days to move , no matter what lease you have, but the bank wants you our early since they want to sell the place , so they offered me $2500 to move out within 30 days and you know i did haha
    But why not contact a lawyer, they all have free consultations that way you know for sure and you don't have to worry!!

  4. #24
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    Jess where are you currently living??

    I have a 1/1 bedroom apartment in Brickell Roads. Are you familiar with the area?

    Let me know if I can help.

    Andrea

    Email me: echavarria.andrea@gmail.com

  5. #25
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    Quote Originally Posted by Andrea Echavarria
    Jess where are you currently living??

    I have a 1/1 bedroom apartment in Brickell Roads. Are you familiar with the area?

    Let me know if I can help.

    Andrea

    Email me: echavarria.andrea@gmail.com
    Andrea,
    You have posted 16 times, and every single post is about the apartment you are trying to rent out. May I suggest Craigslist?

  6. #26
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    Great suggestion. Thanks

  7. #27
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    Hey guys,
    Me again with apartment drama... (hey, if it's not me it's sungal, and you know one of us always has a drama...)

    So, at the beginning of the year, my apt went into foreclosure I thought... Summer is almost over and long story short, my landlady declared bankruptcy but did not include this apt and I got to stay, and we re signed a year lease together. It began 3 days ago and I was very happy to stay here.

    The Board has just told me that during the last year she has not paid any maintenance fees, and they have tried to reason and negotiate yet she does not pay, even though she is collecting my rent. They have now advised me they are hiring an attorney to evict the tenant -ME - to force her to pay and to get the apt empty so she has to foreclose and they get their money back.

    WTF??? Can they DO that? I told them, but I have a new yr lease and they said it isn't valid as they did not approve the extension. I don't know what to do, are they right?

    Most of all, I just paid this month, do I cancel the check? I will call my landlady tomorrow and see what she says, but how long will I have if they evict me? I was unaware they could, as my lease is with her.

    Any advice anyone?? I can't afford to lose another security deposit either.

  8. #28
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    Default Re: My landlord went into foreclosure

    Hey Jess,

    Sorry this has happened to you, it does happen alot.. were the papers you found notice of a summary judgement hearing? Or initial foreclosure papers? Depending on what they were, this can give you some idea of how long the process has been going on and an idea of how long is left in the process. You can also do a docket search if you have the owners name.
    Unfortunately, as unfair as I think it is, you are still bound to your lease and depending on your lease, your landlord may be allowed access to the house to show it (read over the lease, you may be able to see here if this is the case). They call it 'rent skimming' when the landlord is taking rent and not paying their mortgage and I see it ALL the time, BUT since they still own the house, they can and do have the right to evict you if you stop paying your rent.
    When foreclosure papers are served, the bank will also serve any tenants in the house and you would have to sign receipt of this paperwork and I believe (not 100% sure here) that sometimes in those papers there is a part saying that you understand your rights as a tenant are inferior to the rights of the bank.
    Sorry this is a long email, but there its hard to make it short...alot of things determine how quickly the bank forecloses including if the seller is in talks to try and get a modification or do a short sale (which is when you could make an offer on the property if you wish)..also depending on how many loans and WHICH banks.
    Lis pendens are public record, so you can search with the owners name and get an idea of how far along this is and look at any judgements filed. I have some short sales that I have prevented going to auction for over two years now, but there are tons of factors that affect this.
    As for if you can stay after it's foreclosed..again, grey area to be honest..reality is that leases are supposed to transfer with the property...but I have to tell you that given how these banks are, it wouldn't surprise me if they tried to evict you. I am super sorry, and not trying to scare you, but there is alot of nonsense and things not happening how they are supposed to with these foreclosures and then if the bank and alot of differences from one bank to the next.
    Do a bit of investigating online and see what you can find out and also try and talk to the landlord, if they expect you to show it, they should give you a break in your rent.
    Hope this helps.

    Shelly

  9. #29
    Preferred Member nefrocatracho's Avatar
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    Why don't you ask the association to force your rent payments to be made to them until her debt is cleared? They can legally do that now and makes a lot more sense. If they force foreclosure and put a lien they are low on the totem pole to recoup any money, especially since the sale would likely be short and there would be no proceeds. Mortgage company, county real estate taxes get precedent I would think. See what they say

  10. #30
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    Default Re: My landlord went into foreclosure

    Quote Originally Posted by TheShellyStory View Post

    When foreclosure papers are served, the bank will also serve any tenants in the house and you would have to sign receipt of this paperwork and I believe (not 100% sure here) that sometimes in those papers there is a part saying that you understand your rights as a tenant are inferior to the rights of the bank.

    Shelly
    Because of rampant foreclosures across the country Obama passed a law protecting tenants from the owners in foreclosure. You have the right to stay in the property until the end of your lease, even if the bank owns it. The only way the tenant has to leave before the lease is if it's for sale and the buyer plans to personally occupy it.

    Everyone moving to Miami needs to screen landlords and make sure they're paying dues and their mortgage. This happens way too much.

    Another issue: Jess has a fully executed lease. If the board convinces her to move out and she does, can the landlord sue her since she broke the lease?

  11. #31
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    Well I stopped my rent and called my landlady...I hated doing that but have been told they CAN get a 30 day eviction notice so I am no way paying rent. My landlady sent a text (weak! Hate people who won't face the music in a phone call) saying she'd speak to the Board. I am going to hope for a court order saying I pay my rent directly to the Board, if they'll consider that.

  12. #32
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    Default Re: My landlord went into foreclosure

    Quote Originally Posted by Jess View Post
    The Board has just told me that during the last year she has not paid any maintenance fees, and they have tried to reason and negotiate yet she does not pay, even though she is collecting my rent. They have now advised me they are hiring an attorney to evict the tenant -ME - to force her to pay and to get the apt empty so she has to foreclose and they get their money back.

    WTF??? Can they DO that? I told them, but I have a new yr lease and they said it isn't valid as they did not approve the extension. I don't know what to do, are they right?
    Jess, Sorry to hear about these new troubles. Please note that I am not a lawyer so this is not legal advice, just my understanding based on what I know so far.

    I am not completely sure, but it seems like you are renting a unit in a condominium, as opposed to an apartment building.

    The advice given by others is generally pretty accurate, foreclosure can take a while, and even after that you have a minimum or 90 days to vacate, and even longer if the new owner does not plan to occupy the unit themselves.

    The problem you are facing is that the above statements only apply if you have a valid lease. A standard Florida rental agreement contains the following clause (section VIII):

    If the Premises are located in a condominium or cooperative development, the Lease and Tenant’s rights under it, including as to the common areas, are subject to all terms of the governing documents for the project, including, without limitation, any Declaration of Condominium or proprietary lease, and any restrictions, rules, and regulations now existing or hereafter adopted, amended, or repealed.
    You may want to check if yours does as well. If the governing documents for the condo require that leases be approved by the condo board, and your's was not (as the board claims), then the lease may be invalid, and the standard foreclosure tenant protection rules would not apply.

    So your near-term problem is not the foreclosure, but the lease being invalid. Has the board served you with any legal notice yet?

    If you withhold rent, the landlady can also legally proceed to evict you. Perhaps you are withholding rent because you have paid the last month's rent in advance, and as you plan to move out anyway (or be evicted) you are not expecting to recover that? This is a gray area I'm not sure about. If you want to stay in this same building long-term you may want to consult a lawyer. OTOH you may not want to fight this beyond recouping your deposits, and simply find another rental.

    I recommend that you document everything, save all papers and emails, record the date and time of phone conversations with a summary of each, and try to communicate as much in writing or email as possible.

    Shelly and possibly others suggested searching the county records for status of the foreclosure and other proceedings. This is an excellent idea, and really every tenant should do this before signing a lease. You can do it via the county clerk's search page (best is to search by owners name, using the correct syntax - lastname, firstname):

    http://www2.miami-dadeclerk.com/Public-Records/

    The only downside I see for you is having to find another place and the bother of moving. If the landlady hasn't been paying hoa fees for months I'm not sure I'd trust her to start now. If she claims anything I would sure want independent confirmation in writing. At the same time you don't have to do anything until the board serves you with legal papers. A letter stating that they plan to evict you is just a first attempt to get you to move voluntarily. They will probably follow up with a second notice, then a letter from their attorney, and then, if it goes that far, a legal notice to vacate. It could easily take a couple of months.
    Last edited by rk; 09-07-2010 at 01:43 AM. Reason: typo

  13. #33
    Senior Member Doug's Avatar
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    I'm sorry to hear this, Jess. Maybe you can get some help from a legal aid organization. If sungal is right about the new law protecting tenants against landlords in foreclosure, that would be a great solution.

  14. #34
    rk
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    Default Re: My landlord went into foreclosure

    Quote Originally Posted by Doug View Post
    If sungal is right about the new law protecting tenants against landlords in foreclosure, that would be a great solution.
    sungal is right, but that law does not apply if the lease is invalid in the first place, as appears to be the case here.

  15. #35
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    Default Re: My landlord went into foreclosure

    Quote Originally Posted by rk View Post
    sungal is right, but that law does not apply if the lease is invalid in the first place, as appears to be the case here.

    So, not only do condo boards have to approve the initial tenancy, they have to sign off on all lease renewals? This is a good reason to never rent a condo...
    Last edited by Doug; 09-07-2010 at 06:36 PM.

  16. #36
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    I spoke to my landlady yesterday, and she basically said she is going to go into foreclosure. What she has proposed is she'll apply last months rent to this month and return my security. She said if I want to stay on, continue to pay rent to the Board to stop them evicting me, but from now my lease is not valid.
    Sooo... I am really depressed cos I love my apartment and really don't want to move. I had just re signed for a year. Basically she was caught out by them threatening to evict me, as she has been just keeping my rent money and now the bank is taking the apartment back.
    My reaction is I want to stay as long as possible and just wait for the bank to serve foreclosure notice. But my friends say just move, as I am no longer protected as I have no lease, and basically no landlady anymore.
    I'm so pissed as if she'd been honest and not re signed I could have moved in August when it was dead here, now it's coming into season and rents go up. And above all, I don't want to move

  17. #37
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    Oh gosh Jess, I'm so sorry. I'm glad she was honest with you now, but that sucks she could not be honest with you sooner. Can you talk to the Board and see if they work something out with you?

    Maybe though you will find something nicer. Stay positive. The apartment was never going to be forever anyway ... but I understand. Finding the "perfect" apartment is not easy.

  18. #38
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    Default Re: My landlord went into foreclosure

    Quote Originally Posted by Doug View Post
    So, not only do condo boards have to approve the initial tenancy, they have to sign off on all lease renewals? This is a good reason never rent a condo...
    This depends on the condo docs (rules), but in most cases, Yes.

  19. #39
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    Thanks for the support guys. My apartment is such a gem and I just looked on CL and there is zero.

    How safe would it be to pay rent to the Board? I mean eventually I'll be kicked out by the bank. But I'm kind of not happy with the thought of paying 'rent' to the board when it isn't really rent. Then again, I'vepaid my landlady for a yr and she wasn't paying her mortgage so who cares right??

    This sucks. I need ice cream.

  20. #40
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    Jess, the board is telling you your lease isn't valid, but that's because they want you to move out and sell it asap so they can start getting the dues every month.

    "The problem you are facing is that the above statements only apply if you have a valid lease. A standard Florida rental agreement contains the following clause (section VIII):


    If the Premises are located in a condominium or cooperative development, the Lease and Tenant’s rights under it, including as to the common areas, are subject to all terms of the governing documents for the project, including, without limitation, any Declaration of Condominium or proprietary lease, and any restrictions, rules, and regulations now existing or hereafter adopted, amended, or repealed."

    This is from rk...is this language in your lease? And the board has already approved you. I'd ask to see a copy of the condo bylaws. Where exactly does it say that if a landlord is in forclosure/not paying dues your lease is invalid? So the board has the power to reverse the Obama law? I find that incredibly hard to believe. And she hasn't been paying her dues, so this is not something new..

    I think it was very smart to re-sign a one year lease. And you definately deserve ice cream...or a big chocolate chip cookie from Big Pink. Having apartment drama sucks.

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