Eviction patrol heats up on U.S. foreclosures

Eviction patrol heats up on U.S. foreclosures

www.reuters.com

By Lucy Nicholson and Mary Milliken

ANAHEIM, California (Reuters) - It's home to Disneyland -- "the happiest place on earth" -- but deputies enforcing home evictions in Anaheim find mold, backed-up plumbing, marijuana crops, abandoned grandparents and the occasional suicide.

Orange County Sheriff's Deputy Ramona Figueroa says nothing surprises her any more but the job is getting worse, and she hopes the downward slide doesn't last too much longer.

One common task these days is serving eviction notices to people who have done nothing wrong -- who rent properties that have fallen i

(visit the link for the full news article)

"They are shocked and surprised," Figueroa said as she went on her rounds. "And here I am giving them a five-day notice and they explain that just five days earlier the homeowner was at the home collecting rent."

I would like to focus on this snippet form the article for a moment because I don't think we really talked enough about renters.

What happens if you renting a home from a privet home owner and they mortgage the property for renovations on there own home, than they default on there rental property and don't tell the renter's and than here come the cop's only to happy to do there jobs because they still have one to do and Surprise Surprise. You have 5 days to get the heck out! Is there any recourse for the renter can they sue the person they are renting from?

This whole situation is sad.


www.reuters.com
(visit the link for the full news article)

I would say then... assuming you had a lease/binding rental agreement... that your options would be limited to filing suit against the landlord for monetary damages caused by his breaking of the lease. Which won't help anyone with 5 days notice to get out. I'm just saying, to the best of my knowledge, that's the way it is.

Or you might try appealing to a judge to have a stay put on the eviction? Just a thought... don't know how practical it is.

reply to post by Resinveins


I just think that would be the worst you know you and your family put out of a home even thoe you pay your rent on time just because your landlord defaults. It would be a hard situation and my heart goes out to those people that this happens to.

And if your landlord knows about this I would hope they would be upfront about it and give the family time to get a new place foreclosure take months does it not?

reply to post by ashnomadonte


` what can the renter do ? ` depends on the lease agreement - i aint an expert - but i have leased 2 properties - and both leases had a ` notice to vacate ` clause - basically i had to give 1 months notice , but the land lord had to geve me 3 months / 5 months [ different contracts ] to vacate

so being told by a sherrifs deputy that you have to leave in 5 days - would if the landlord knew it was being reposessed put him in breach of contract - and you could sue for moveing costs and such .

it is a very nasty stunt to pull though - i was ` evicted ` from my 1st house - but the land lord was honest about it - he had recieved an ` offer he couldnt refuse ` to sell up - and turned up one day and explainded he had sold up - and i had 2 weeks to get out - geve me my deposit back on the sopt - and the previous months rent too + got his brother to move my furniture FOC

reply to post by ignorant_ape


Thanks for your insight star for you. Yes it is despicable for a landlord to pull a stunt like that just down right rotten imo.

It happened to me in April, the new owners came and knocked on my door, they were nice enough to give me 30 days , if i paid them for it, I did, but I just paid rent to the other landlord, so not only did I pay rent twice in one month, but I lost my last months rent And security deposit, which was a full month.

I also had to come up with , first, last and security for a new place. It SUCKED!!!!, we are just now getting caught up on bills. lucky I make decent money, If it happened to someone less fortunate, I could see me being homeless, or living in a cheap motel with my wife and kid for a bit.

What really stinks, It was totally legal for her to collect rent until it changed possession, right up to the last hour. And there is no law , where she has to disclose she is being foreclosed on. Sad world we live in I am afraid.

reply to post by ShiftTrio


This could turn in to the un-talked about part of the foreclosures.
Something has to be done to protect the people that do right by there landlords and pay there rent on time there should be some form of protection imo.

reply to post by ShiftTrio


I personnally wouldn't have paid the new people anything. You are not obligated to as your contract to lease/rent was with the previous party. Additionally, whether they own the home or not is irrelevant. You are currently living there are subject to eviction laws. They can't just show up and threaten you. They have to go through the court process to evict you and given the fact that there was no rental agreement between you and them, I wouldn't have paid them anything and used the month to catch up on my other bills.

This is a situation where the previous owner turned his issue into the new owners issue, and the new owner tried to turn it into your issue. it wasn't your problem.

I wouldn't have paid the new people anything, and I would have sued the old landlord for breach of contract. You could have made out quite nicely with this had you gotten a lawyer. Most states require 3 months for eviction, and given the situation, you should have had that long to prepare to move.

Cheers,

Camain

reply to post by ashnomadonte


It's very sad indeed.

Remember when almost a year ago Sheriff Tom Dart in Cook Co., IL followed his conscience and took matters into his own hands when he refused to evict tenants? The evictions have since resumed and his actions have not been without repercussions. Many applauded his stance.

Cook County Sheriff Suspends Evictions from Forclosure

www.abovetopsecret.com...

The Sheriff Who Wouldn't Evict

www.time.com...

Time 100 most influential

www.time.com...

Landlord Sues Sheriff Dart For Delaying Evictions

cbs2chicago.com...


I also think the 3 month extension should be granted to tenants that are paying the landlord who is being evicted. 5 days just doesn't cut it.

We will be seeing more of this, much more. How do I know? Because I watched District 9 (don't know what other films portray evictions in the way that they would prefer to do it).

[snip]

There's more to District 9 but I'll stay on topic.

Over and out
Twisted-Inside-Out



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[edit on 11/9/09 by masqua]

Originally posted by ignorant_ape
reply to post by ashnomadonte

 

` what can the renter do ? ` depends on the lease agreement - i aint an expert - but i have leased 2 properties - and both leases had a ` notice to vacate ` clause - basically i had to give 1 months notice , but the land lord had to geve me 3 months / 5 months [ different contracts ] to vacate

so being told by a sherrifs deputy that you have to leave in 5 days - would if the landlord knew it was being reposessed put him in breach of contract - and you could sue for moveing costs and such .

Not only that but if the landlord knew that the property was going to be foreclosed on (which he would have) taking a full month's rent from a tenant who the landlord knew wasn't going to be able to be there for a full month would be considered fraud.

Every one is talking about recourse against the landlord, but what good does that do? So you sue a bankrupt landlord, you don't win anything but a piece of paper saying they owe you such and such! You still have to move!

The best recourse is to immediately contact the bank and ask them to continue renting. Most of the time (if you can get a live person) the bank will be thrilled to let you continue renting! They may want to list the home for sale, but at least you are padding their losses for a little while!

In some cases, the bank will still force you to move, or the bank will be in just as bad of shape as the landlord, and you will never get through their phone lines, and in that case, you have to talk to the sheriffs department. Let them know the situation, and see what their advice is. Legally, they have to serve all the notices, but if you are in Anaheim, and the Bank is in NY, the sheriff will probably be very understanding and lenient! They won't be forcing you out at gunpoint. They will be serving the notices, conversating awhile, and letting you know when they will be returning. It may only buy you a few extra days, but that is something at least!

If anyone is worried about this situation, they can check their property appraisers office and recorders office to see if any action has been started on the property. Foreclosures are taking in excess of 1 year right now, so there are plenty of notices online, in the papers, and in the mail to your landlord before you get the 5-day eviction notice!!

You know this same thing happened to our neighbors on September 2nd! They left for work at around 5 am like always and came home to find a for sale sign on their front lawn.
His wife who was on vacation was called home. It was horrid when she got here as they had not told her for fear she would get into an accident etc. She was screaming and crying for over an hour! They have lived here for ten years and not a peep until the sign.They had just paid their rent and bam they came home to the for sale sign and orders to vacate.

They tried to see if the bank would let them buy the house but no go they want someone with better credit and more to offer them than an excavating business etc. They won't even let them rent the home till they can get it sold. To add insult to injury they now have to let people in and out of their home when they are not even there. We have watched several buyers be taken in and out of the house all day long while they aren't here.
They have even been told to remove their animals (they have 7 hunting dogs) during the day so that they can show the home. It really sucks for them but there is nothing they can do about it at this point. Other than take the landlord to court for breech of contract. BUT around here the landlord is king and they already know they would loose.

Originally posted by getreadyalready
Every one is talking about recourse against the landlord, but what good does that do? So you sue a bankrupt landlord, you don't win anything but a piece of paper saying they owe you such and such! You still have to move!

The best recourse is to immediately contact the bank and ask them to continue renting. Most of the time (if you can get a live person) the bank will be thrilled to let you continue renting! They may want to list the home for sale, but at least you are padding their losses for a little while!

In some cases, the bank will still force you to move, or the bank will be in just as bad of shape as the landlord, and you will never get through their phone lines, and in that case, you have to talk to the sheriffs department. Let them know the situation, and see what their advice is. Legally, they have to serve all the notices, but if you are in Anaheim, and the Bank is in NY, the sheriff will probably be very understanding and lenient! They won't be forcing you out at gunpoint. They will be serving the notices, conversating awhile, and letting you know when they will be returning. It may only buy you a few extra days, but that is something at least!

If anyone is worried about this situation, they can check their property appraisers office and recorders office to see if any action has been started on the property. Foreclosures are taking in excess of 1 year right now, so there are plenty of notices online, in the papers, and in the mail to your landlord before you get the 5-day eviction notice!!

Very good point there. However, I think that the main issue is not where you will live next (although it would be the most pressing) but the fact that these landlords are committing a crime. Taking money under false pretenses - fraud. Even if you can line up continuing to live in your home with the mortgage company, you still have to pay that month's rent. And, if you've given that month's rent to the landlord under false pretenses, then you have a problem.

[edit on 11/9/2009 by Iamonlyhuman]

reply to post by Iamonlyhuman


See this is a state by state, county by county issue. In Phoenix,az you have 5 days to vacate the home after being purchased from foreclosure, this is the law. Sheriffs will come and throw you out. Your agreement with the previous landlord has no bearing on the situation. Now most homes in our area this happened to were bought at auction by investment companies the day it was foreclosed. So there is no calling the bank, no recourse what so ever. You can sue the landlord, but chances are you will not get a dime, and it does not help your immediate situation.

The bottom line, this has not happened at any type of rate to require a law in the past, which shows truly how bad of a position we are in.

Thank you all for your replies all I can say is this is stunning that this can even happen. You would think that the renter would find out about them renting a home that is being foreclosed on.

One thing to add, We did not know till later you can check with the Check with the County Recorder or Tax Assessor’s office. They will know if anything has been filed before the auction or bank takes back possession.

We did this with he new place we moved into and it was owned out right :hew:::

But people do not know they have to check on these things. So if your renting from a private owner do your self a favor and check. IT would have given us about 2 months notice

The issue is two-fold. there is little recourse for renters who get the shaft because of landlords. However, many landlords right now are finding that it is not legal to evict single pregnant women or single mothers even if they fail to pay rent.

Not that I advocate the ejection of mothers and children, but business is business, and for a landlord to get cornered and have to eat what should be a source of income because of laws protecting specific group is sad.

Its a bad situation all the way around.

Renters actually do have the right to 3 more months in the residence under the situation where the landlord defaulted on the loan. It was passed in May 2009. The tenants that have made all of the rent payments must request a hearing before a judge if the eviction is scheduled for less than 90 days.

Helping Families Save Their Homes Act S.896

www.govtrack.us...

Description:

Title VII - Protecting Tenants at Foreclosure Act
Protecting Tenants at Foreclosure Act of 2009 -

Section 702 -
Declares that, in the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this Act, the immediate successor in interest in the property pursuant to the foreclosure shall assume such interest subject to: (1) provision by such successor of a notice to vacate to a bona fide (non-mortgagor) tenant at least 90 days before the effective date of such notice; and (2) specified rights of such tenant to occupy the property until the end of the remaining lease term.

Section 703 -
Amends the United States Housing Act of 1937 to declare that, in the case of an owner who is an immediate successor in interest pursuant to foreclosure during the initial term of a lease, the tenant's vacating of the property prior to sale shall not constitute other good cause for terminating the tenancy or occupancy rights of the victim of domestic or similar violence or stalking. Allows the owner to terminate such a tenancy, however, effective on the date of the unit's transfer to the owner if the owner: (1) will occupy the unit as a primary residence; and (2) has given the tenant a notice to vacate at least 90 days before the effective date of such notice. Declares also that, in the case of foreclosure on any federally-related mortgage loan or on any residential real property in which a recipient of public housing assistance resides, the immediate successor in interest assumes such interest subject to: (1) the lease between the prior owner and the tenant, and (2) the housing assistance payments contract between the prior owner and the public housing agency for the occupied unit.

Section 704 -
Terminates this title on December 31, 2012.