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HELP MY LANDLORD IS TRYING TO MILK US FOR $6400

Posted by on Oct. 12, 2009 at 5:42 PM
  • 50 Replies

OMG i'm in a panic.  i just received notice that the house that my husband and I are renting is foreclosing.  We are renting this house and have been paying our rent every month on time.  We have a one year lease.  I just received notice that the landlord hasn't paid since may which is when our tenancy began.  my husband and i are living paycheck to paycheck.  I own a daycare and i end feeding all ten kids, we're on food stamps because the daycare doesn't make enough and we don't have enough to make a down payment on another house.  I've tried calling my landlord numerous times and he still has not called us back.  Basically the bottom line is if our landlord does not pay up what he owes we are going lose our house. 

Please send good thought s or something.  My poor family just can't catch a break.

screamingcrying

 

Update:  So yesterday I finally got a letter from our landlord and this is what it says

Stephanie and Joaquin: I heard your message on my cell.  I have no intention of discussing my financial situation, but since the bank chose to notify you, in violation of the privacy act, I will tell you what my situation means for you.   If i cannot get current in my mortgage by January 31, 2010, the house will be sold on 2-2-2010.  I am still trying to sell it and have hopes this will happen before then, but the prospects are dim.  I haven't given up on a loan modification which would allow me to keep the house, but again I hold very little hope at this junction.  At the worst you would have to move out at the end of January.  I will not collect rent from you for December or January.  This will cover advances and deposits.  YOu will not be required to do any cleanup or touchup, since the house will be sold at auction, for a fraction of its value.  I regret that I have no better options for you.  To blame are those who did not work for me at all for several months while the house sat empty, and then took all of the money you paid in deposits and rent. THat is exactly where the problem started.  Once you are behind, the bank won't allow you to catch up slowly over time.  Hopefully this gives you sufficient warning and credits to make arrangements for another place.

Regretfully, Chuck

I'm so mad I could scream.  he had no intention of telling us what was going onhe admits he just got forced into it.  Why the hell would he hide it from us?  We have no money saved up. How are we going to manage moving and still afford christmas.  Last year the only way we were able to do christmas was because a group on cafemom was for families who couldn't afford christmas so there was a family who adopted us and bought us a couple presents for our kids.  I am eternally grateful to her and her family but i wanted to provide a nice christmas for my kids this year.  So much for that.  Are things ever going to get better?  At this point i doubt it.  things have gotten steadly worse since 2006.  Will it change? Or is my family going to keep suffering? Please pray for my family and me,

 

2nd Update:  So that was back in december.  Now it is almost June and my family have suffered some serious problems.  We were not able to pay rent for october and November =.  So thats 1700 we owe this guy.  Well we finaly got the money and we called him  but he still will not take our calls.  instead he texted us and informed us that supposedly we owe him $6400.  We were horrified WTF!!  well I got to looking and 6400 is what he owes the bank in back mortgage payments.   So he's charging us all that.  The bank already has ownership of the house.  And we have till June 19th to move out.  However because Chuck is being a complete ass, he is telling all possible future landlords not to rent to us because we owe him $6000 so everyone keeps turning us down.  NOw we have the signed letter from Chuck stating he is not charging us for December or January.  As well as we have a copy of the last check we gave him with which months it would cover and chucks signature proving he got it and cashed it. 

 What else do we do?  Can he take us to court over the rest even though we have all this proof?  Can he legally keep us from moving into a new place?  Is there some kind of action we can take?  PLEASE HELP!!!

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by on Oct. 12, 2009 at 5:42 PM
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Replies (1-10):
USMCBride08
by on Oct. 12, 2009 at 5:43 PM

Holy cow thats awful!!!!! Maybe you can take him to court for not paying your money on the house? IDK but you're in my thoughts!!! 


proud 20 year old mommy to the love of my life Wyatt, born 01.08.09 and totally in love to my Marine Patrick since 01.10.08

hockey_momma
by on Oct. 12, 2009 at 5:44 PM

If you are renting a home...you aren't the one responsible for it and you won't be kicked out if the owners on the lease don't cough up the dough for the morgage...Its some thing Obama set up this year.

~Jessica


Luv_my_hubby
by Nikki on Oct. 12, 2009 at 5:45 PM

call a lawyer who gives free consultations and get his advice on what options you have. Good luck and that sucks that the landlord is doing this to you. 



mandalouwhotn
by on Oct. 12, 2009 at 5:47 PM

Yes you will. They just have to give you a 30 day notice.

Quoting hockey_momma:

If you are renting a home...you aren't the one responsible for it and you won't be kicked out if the owners on the lease don't cough up the dough for the morgage...Its some thing Obama set up this year.

~Jessica


De_Chick
by on Oct. 12, 2009 at 5:50 PM

That sucks and I do remember Obama putting something into place to cover cases like this. I dont' remember exactly what it was though in regards to renting. You will have to be given notice for sure before they can evict you and that takes time. Also you never know if the person buying it is buying it to rent also it might never be an issue. What does your letter say exactly? Does it mention eviction at all?

Jodie103
by on Oct. 12, 2009 at 5:52 PM

If its the 1st letter of forclosure you still have like a yr before they can really make you get out, they will send lots of letter saying that you have to get out but the legal of it takes so long its crazy. I would definately contact a lawyer b/c you should be getting all your deposit back from the owner which could be used for another house deposit. i would not pay the rent again untill you get the money and yes he could give you a 30 day notice to get out but same thing takes many months before a landlord can truly kick you out, my parent own rental property and once they had to go as far as getting the police to come move the renter out but it took 6 months of no rent to get the court order, and they were just out of that money

aidansmommy529
by on Oct. 12, 2009 at 5:53 PM

oh wow, that is so crappy! il pray everything works out for you all!


AJmum
by on Oct. 12, 2009 at 5:53 PM

 If he is losing his house where would the money come from? I am sure if he had any money he would be paying the mortage.

Quoting USMCBride08:

Holy cow thats awful!!!!! Maybe you can take him to court for not paying your money on the house? IDK but you're in my thoughts!!! 


WifeandMommy06
by on Oct. 12, 2009 at 5:55 PM

I would be online finding help with what todo like finding a lawyer to give you free advice, maybe even take them to Small claims court and Demand your Deposit back (since the landloard  is "breaking your lease").. Calling the landlard and sending certified letters to ur landloard (keeping copies of every letter you send him)..try to find a new place to live ( i understand it's hard but your gonna have to do it)..


Best of luck.. Sorry about your landloard..


(we were buying a trailer home from some lady .. and it was getting repoed, we were told by the trialer park, and had to find somewhere to live and fast. we found a house to rent and well we were there for 6 months and she was the landloard from hell and I called the housing authories on her and was told to send her ceritified letters keep copies for myself and tell her if she didn't have all the issues fixed in 30 days from the letter we were going to small claims court.. well needless to say we worked something out and she gave us our deposit back and we moved out.. Glad we were able to buy a house so we don't have to deal with slum landloards)


Best of luck and hope you find something..




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CjEmmemommy
by on Oct. 12, 2009 at 5:55 PM

I am so sorry... The same thing is happening to us and our land lord didn't tell us either.... Luckily ( I guess) they are my in laws so when we found out what was up, they agreed we could stop paying to save!!

 You need to call the local trustee office and find out what the auction date is for the house..( ours is Jan 6th and they stopped paying in July) so yours maybe coming up soon... After the date you have 90 days before you must move out or you also maybe able to keep your lease. The trustee office will be able to  help with what you need to do and when you need to be out by...

 Morally its wrong that they did this, taking your money knowing they weren't paying or going to pay causing you to have to move out but by law your most pay based on your lease agreement or they could come after you for the money... You could also put the money in an escrow account to show intent to pay if they end up taking you to court..( if they don't you keep your money) If you don't do that( and just pay your rent) I would keep the last months rent for the deposit you most likely won't get back from them...

 This is so unfair and I am so very sorry... You are definitely getting screwed having to find some where else to live but you do have rights and you need to look them up online... You will have to pay rent ( most likely) to the new owners but you can't be forced to leave before 90 days after the auction date!!

 Sorry again and if you have more questions, I have done a lot of the leg work and also have an attorney I can call if you want any more help!!

Erica

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