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  1. #1
    gord Guest

    Foreclosure Summons

    I have leased a private single family residence in Florida for 18 months. Last evening I was served a summons as "John Doe" (Defendant) at the residence address in a lawsuit to foreclose on the property due to default on the note/mortgage by the Landlord/Owner.

    It appears the Landlord/Owner has made no mortgage loan payments between August 1, 2001 and December 20, 2001 (the date on the Summons). A total of $5600 in loan interest and other fees are due for that period on a principal balance of $100K. In other words, the Landlord/Owner has been "keeping" my monthly rent payments since August 1st, but not been making any required mortgage loan payments.

    Have I essentially just been given "notice" to vacate this property? Should I send the Landlord my rent check for January? Or perhaps should I send the rent check to the law firm (their trust account) representing the mortgagee? Should I contact mortgagee's attorney regarding this situation? I will owe rent for the month of January, but if I send it to the Landlord, he will likely just put it in his pocket; but if I sent it to Plaintiff's attorney, wouldn't I breach the lease agreement with the Landlord?

    After 18 months, I'm now on a month-to-month rental basis and have few rights in terms of the lease agreement, i.e., security & cleaning deposits, etc. of concern, but I'd rather not leave if I don't have to (costs of packing household goods, shipping, new lease deposits & fees, etc.).

    Also, although I'm not specifically "named" in the complaint, I was served as "John Doe" at the residence address. What are my obligations regarding the legal matters, and how can I "stay out of it" and not have any of this situation reflected against me personally in any public records?

    I'd appreciate advice in this matter and any other suggestions you may offer. Thank you.
  2. #2
    HomeGuru is offline Senior Member
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    Re: Foreclosure Summons

    [QUOTE]Originally posted by gord
    [B]I have leased a private single family residence in Florida for 18 months. Last evening I was served a summons as "John Doe" (Defendant) at the residence address in a lawsuit to foreclose on the property due to default on the note/mortgage by the Landlord/Owner.

    It appears the Landlord/Owner has made no mortgage loan payments between August 1, 2001 and December 20, 2001 (the date on the Summons). A total of $5600 in loan interest and other fees are due for that period on a principal balance of $100K. In other words, the Landlord/Owner has been "keeping" my monthly rent payments since August 1st, but not been making any required mortgage loan payments.

    Have I essentially just been given "notice" to vacate this property?
    A: No, just notice that there is litigation and your request for a response.

    Should I send the Landlord my rent check for January?
    A: No.

    Or perhaps should I send the rent check to the law firm (their trust account) representing the mortgagee? Should I contact mortgagee's attorney regarding this situation? I will owe rent for the month of January, but if I send it to the Landlord, he will likely just put it in his pocket; but if I sent it to Plaintiff's attorney, wouldn't I breach the lease agreement with the Landlord?
    A: you can send it to the attorney for the lender but ask that they send you written confirmation to do so. Or you can send it to your own attorney. That way you will be protected.

    After 18 months, I'm now on a month-to-month rental basis and have few rights in terms of the lease agreement, i.e., security & cleaning deposits, etc. of concern, but I'd rather not leave if I don't have to (costs of packing household goods, shipping, new lease deposits & fees, etc.).
    A: you will eventually be asked to vacate by order of the foreclosure Trustee.

    Also, although I'm not specifically "named" in the complaint, I was served as "John Doe" at the residence address. What are my obligations regarding the legal matters, and how can I "stay out of it" and not have any of this situation reflected against me personally in any public records?
    A: you are not a party to this lawsuit but were named because you have a lease interest in the property by way of your m/m rental.

    I'd appreciate advice in this matter and any other suggestions you may offer. Thank you.
    A: contact the attorney named in the complaint and "talk story".
  3. #3
    gord Guest
    Thank you for responding so quickly, HomeGuru.

    Followup questions:

    You suggest NOT sending my January rent check to the defaulting Landlord. I agree with that since my perception is that it will just be pocketed. However, I do not wish to be in default of my own rental agreement. Do I understand you correctly to contact mortgagee's attorney regarding my rent and to obtain written instructions from same regarding paying my rent?

    And what is required of ME in terms of a response to the summons? Who do I respond to and what specific information must I provide? Within 30 days? In writing?

    You also suggested giving my rent check to my own attorney, but I don't have one. Any other suggestions? For example, apparently the loan on the property is through Bank of America, which also happens to be a bank where I have an account. Anything I could do with them that wouldn't cost me money and frustration?

    I just want to pay my regular rent, on time, but I want "credit" for the payment with all parties and to protect myself regarding the rental agreement, without incurring expenses I will not be able to recover or getting "involved" more than I am.

    You also suggested that unless the situation is resolved, I would receive a Notice to Vacate from the Foreclosure Trustee. Any idea of the timetable to receive such notice and once received, how long I would have to get out? And what options do I have for recovering security/cleaning deposits I paid to Landlord upon executing the lease (they were supposed to be refundable)?

    Finally, you suggested I contact plantiff's attorney and "TALK STORY". Exactly what is meant by "TALK STORY"?

    Thanks again for your help.
    Last edited by gord; 12-28-2001 at 04:26 PM.
  4. #4
    jlw1000 Guest
    Some banks have a clause in their mortgages that allow the bank to collect the rental payments from the tenant, when the owner (landlord) is in default on the loan. Contact the attorney for the bank to see if there is such a clause & if rental payments should be made to them. If the rental payments should go to the bank, ask the attorney for the request in writing & make sure you get receipts. Let the attorney know that you would like to stay on as a tenant as long as possible & see what you can work out.

    This could be a GREAT opportunity for you. If you really like where you are & are interested in buying the property see if the bank is willing to negotiate. It may take a little while until all the foreclosure red tape is completed, but you could be first in line for a great buy.
  5. #5
    Gene Gayda Guest
    By my way of thinking, you’re getting some bad advice.

    “I have leased a private single family residence in Florida for 18 months. Last evening I was served a summons as "John Doe" (Defendant) at the residence address in a lawsuit to foreclose on the property due to default on the note/mortgage by the Landlord/Owner.”

    At some point in history, the mortgage company gave someone a bunch of money secured by the value of real estate - a mortgage. When they did that, they diligently confirmed that the person they gave money to was, in truth, the owner of the real estate.

    Well, time has gone on and the mortgage company has no way of knowing what deals the original borrower may have made. A common practice in FL is the “lease purchase” whereby a “tenant” is not just renting a property but is, slowly, actually buying the property.

    The very smart lawyers employed by the mortgage company, to cover all possible claims of title for the property, have served you in a “John Doe” capacity in case you have any claims to assert. If you are not actually buying the property, the summons, ultimately, will not effect you.

    “In other words, the Landlord/Owner has been "keeping" my monthly rent payments since August 1st, but not been making any required mortgage loan payments.”

    So what? While interesting for ****tail gossip, this is none of your business. What he’s doing and, importantly, the “why” of what he is doing is solely his business. As long as you honor your legal contract(s) you’ll be on the side of angels.

    “Have I essentially just been given "notice" to vacate this property?”

    Only someone in a position of authority - the owner or court appointed manager - can give the notice that starts the eviction. What you received is simply notice that there’s trouble in paradise *IF* you have any claim of ownership to the property.

    “Should I send the Landlord my rent check for January?”

    Most definitely ! If you don’t, the owner *should* immediately start the eviction process. In almost all states, the eviction process is far shorter than the foreclosure process. The only exception, here, is if there was something in the summons requiring you do something other with your rent. Read the summons. Did the mortgage company request (require?) you to pay the money to an escrow account? If so, follow those instructions. If not, pay the money promptly to the landlord on January 1 or expect the eviction to start.

    “Or perhaps should I send the rent check to the law firm (their trust account) representing the mortgagee?”

    Only if so directed by the summons, and even then, only if there is a reference to a court docket detailing the initiation of the law which interferes with the landlord - tenant relationship. I suggest confirming with your own lawyer if you pay the money to anyone other than the landlord.

    “Should I contact mortgagee's attorney regarding this situation?”

    Separate to the rent issue, yes you should. He can make papers available which clarify that you will assert no ownership claims. Once the papers are signed, you’ll never receive another document from them reference the progress of the foreclosure until - and unless - the process finally finishes.

    “I will owe rent for the month of January, but if I send it to the Landlord, he will likely just put it in his pocket;”

    So what? Who appointed you protector of the mortgage company’s interests? Plus, you are making a whole lot of assumptions about what your landlord is doing. While you may be very accurate, you could also be abysmally wrong.

    “but if I sent it to Plaintiff's attorney, wouldn't I breach the lease agreement with the Landlord?”

    There you go. You finally figured it out. Unless there is something specific in the summons or if there is something more in your relationship with the landlord you haven’t explained, you have a legal obligation to give money to - and only to - your landlord. Nothing you’ve explained so far seems to change that obligation in any way, shape or form.

    “What are my obligations regarding the legal matters, and how can I "stay out of it" and not have any of this situation reflected against me personally in any public records?”

    See above. You’ll “stay out of it” as soon as you have renounced any ownership interests.

    “You suggest NOT sending my January rent check to the defaulting Landlord.”

    This is a big part of the bad advice you’ve been given.

    “I agree with that since my perception is that it will just be pocketed.”

    None of your business what he does with the money. You have no legal obligation to the mortgage company unless some sort of legal process has been engaged which interferes with the landlord tenant relationship. Read all documents given to you.

    “However, I do not wish to be in default of my own rental agreement”

    This is why you should pay your rent, just like you have for the last 18 months. Any change can allow your landlord to file for eviction. Unless there is something in the documents, an eviction judge will have an easy time deciding - if you use what you have explained as the “excuse” for not paying rent.

    “And what is required of ME in terms of a response to the summons? Who do I respond to and what specific information must I provide? Within 30 days? In writing?

    A) Read the documents. B) Contact mortgage company attorney. C) Disavow ownership interest. D) Get name off legal process.

    “I just want to pay my regular rent, on time, but I want "credit" for the payment with all parties and to protect myself regarding the rental agreement, without incurring expenses I will not be able to recover or getting "involved" more than I am.”

    Pay the rent to the landlord using a method that causes a paper trail - a personal check, a money order, etc.

    “You also suggested that unless the situation is resolved, I would receive a Notice to Vacate from the Foreclosure Trustee.”

    *IF* the process finally gets this far, it will only be after a lengthy legal sequence. The “Foreclosure Trustee” (actually, there is no such animal - another discussion, another time) will typically contact you. If the bank wants to sell the property to an owner occupant, the bank will possibly decide to ask you to move to ease the future sale. If the bank is more typical (lazy), they’ll only send you a document explaining where to send the rent - only after the process has completed.

    “And what options do I have for recovering security/cleaning deposits I paid to Landlord upon executing the lease (they were supposed to be refundable)?”

    As yet another completely separate issue, the landlord is legally required to keep your deposit away from his own money. *IF* the property should be foreclosed and *IF* the landlord does not hand over the deposit to the new owners, you can initiate a small claims lawsuit against the landlord. There are penalties, in addition to the deposit itself, that will be awarded to you by the judge. The tricky part will be collection.

    “Finally, you suggested I contact plantiff's attorney and "TALK STORY". Exactly what is meant by "TALK STORY"?”

    Vaporware. Sounds good but means nothing. Use the phrase to impress your friends, but be careful if you actually use it in front of anyone who actually knows the correct information.


    Gene
  6. #6
    Cvillecpm is offline Senior Member
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    Since you are on month/month, keep January rent and make arrangements to move.

    Talking to trust/mortgage attorney is waste of time - they will tell you to move and current landlord, when foreclosure is finished, won't be responsible or have your deposit.

    After the "summons" the process goes fairly quickly, so start looking.
  7. #7
    HomeGuru is offline Senior Member
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    [QUOTE]Originally posted by Gene Gayda
    [B]By my way of thinking, you’re getting some bad advice.

    **A: read my responses and you will see that the advice is not bad at all.
    *************
    “I have leased a private single family residence in Florida for 18 months. Last evening I was served a summons as "John Doe" (Defendant) at the residence address in a lawsuit to foreclose on the property due to default on the note/mortgage by the Landlord/Owner.”

    At some point in history, the mortgage company gave someone a bunch of money secured by the value of real estate - a mortgage. When they did that, they diligently confirmed that the person they gave money to was, in truth, the owner of the real estate.

    Well, time has gone on and the mortgage company has no way of knowing what deals the original borrower may have made. A common practice in FL is the “lease purchase” whereby a “tenant” is not just renting a property but is, slowly, actually buying the property.

    **A: so what, what does this have to do with foreclosure of the property? The lender has a right to foreclose no matter what kind of agreement the mortgagor entered into with third parties.
    ********************
    The very smart lawyers employed by the mortgage company, to cover all possible claims of title for the property, have served you in a “John Doe” capacity in case you have any claims to assert. If you are not actually buying the property, the summons, ultimately, will not effect you.
    **A: true.
    *********************

    “In other words, the Landlord/Owner has been "keeping" my monthly rent payments since August 1st, but not been making any required mortgage loan payments.”

    So what? While interesting for ****tail gossip, this is none of your business. What he’s doing and, importantly, the “why” of what he is doing is solely his business. As long as you honor your legal contract(s) you’ll be on the side of angels.

    **A: the tenant indeed has interest in the property and should very well be concerned because if the landlord/owner fails to pay the mortgage, the tenant will be left without a home due to the foreclosure sale. I do not think losing a home when you have been diligently paying rent amounts to "being on the side of angels" in any sense.

    *************
    “Have I essentially just been given "notice" to vacate this property?”

    Only someone in a position of authority - the owner or court appointed manager - can give the notice that starts the eviction. What you received is simply notice that there’s trouble in paradise *IF* you have any claim of ownership to the property.

    **A: a point I already discussed.
    *****************
    “Should I send the Landlord my rent check for January?”

    Most definitely ! If you don’t, the owner *should* immediately start the eviction process. In almost all states, the eviction process is far shorter than the foreclosure process. The only exception, here, is if there was something in the summons requiring you do something other with your rent. Read the summons. Did the mortgage company request (require?) you to pay the money to an escrow account? If so, follow those instructions. If not, pay the money promptly to the landlord on January 1 or expect the eviction to start.

    **A: there is a way to file a counterclaim to the eviction and stall the eviction the process if the rent was paid to a separate trust account , escrow, Court account or the lender's legal counsel to mitigate damages. I have done this on numerous occasions for tenant clients. In all cases, the Court agreed that the tenant did not have to pay rent to the landlord as long as the rent was paid and accouinted for and credit was given to the landlord.
    *******************

    “Or perhaps should I send the rent check to the law firm (their trust account) representing the mortgagee?”

    Only if so directed by the summons, and even then, only if there is a reference to a court docket detailing the initiation of the law which interferes with the landlord - tenant relationship. I suggest confirming with your own lawyer if you pay the money to anyone other than the landlord.

    **A: we can agree. htttp://real_estate_law.freeadvice.com/landlord_tenant/home_lease.htm
    **************
    “Should I contact mortgagee's attorney regarding this situation?”

    Separate to the rent issue, yes you should. He can make papers available which clarify that you will assert no ownership claims. Once the papers are signed, you’ll never receive another document from them reference the progress of the foreclosure until - and unless - the process finally finishes.

    **A: we can agree.
    **************
    “I will owe rent for the month of January, but if I send it to the Landlord, he will likely just put it in his pocket;”

    So what? Who appointed you protector of the mortgage company’s interests? Plus, you are making a whole lot of assumptions about what your landlord is doing. While you may be very accurate, you could also be abysmally wrong.

    **A: it does not matter what the landlord is doing with the money because it is not getting to the lender. That's the point here.
    *****************
    “but if I sent it to Plaintiff's attorney, wouldn't I breach the l
    ease agreement with the Landlord?”

    There you go. You finally figured it out. Unless there is something specific in the summons or if there is something more in your relationship with the landlord you haven’t explained, you have a legal obligation to give money to - and only to - your landlord. Nothing you’ve explained so far seems to change that obligation in any way, shape or form.

    **A: the landlord has already breached the lease because it was agreed that there would be quite enjoyment of the premises etc. Due to the foreclosure action and the later sale of the property, the lease has been breached by the landlord.
    ********************


    “What are my obligations regarding the legal matters, and how can I "stay out of it" and not have any of this situation reflected against me personally in any public records?”

    See above. You’ll “stay out of it” as soon as you have renounced any ownership interests.

    **A: not true. If the foreclosure action proceeds, the tenant will be out of a home. As far as public records, I agree, there will be no personally liability.
    *****************
    “You suggest NOT sending my January rent check to the defaulting Landlord.”

    This is a big part of the bad advice you’ve been given.

    A: see my response above.
    ****************
    “I agree with that since my perception is that it will just be pocketed.”

    None of your business what he does with the money. You have no legal obligation to the mortgage company unless some sort of legal process has been engaged which interferes with the landlord tenant relationship. Read all documents given to you.

    **A: it is indeed the business of the tenant where the rent money goes especially when the home they are living is is in foreclosure due to nonpayment of the mortgage buy the landlord.
    ************

    “However, I do not wish to be in default of my own rental agreement”

    This is why you should pay your rent, just like you have for the last 18 months. Any change can allow your landlord to file for eviction. Unless there is something in the documents, an eviction judge will have an easy time deciding - if you use what you have explained as the “excuse” for not paying rent.

    **A: I disagree based on my prior experiences.
    ****************
    “And what is required of ME in terms of a response to the summons? Who do I respond to and what specific information must I provide? Within 30 days? In writing?

    A) Read the documents. B) Contact mortgage company attorney. C) Disavow ownership interest. D) Get name off legal process.

    **A: we can agree.
    ****************
    “I just want to pay my regular rent, on time, but I want "credit" for the payment with all parties and to protect myself regarding the rental agreement, without incurring expenses I will not be able to recover or getting "involved" more than I am.”

    Pay the rent to the landlord using a method that causes a paper trail - a personal check, a money order, etc.

    **A: see my responses.
    ********
    “You also suggested that unless the situation is resolved, I would receive a Notice to Vacate from the Foreclosure Trustee.”

    *IF* the process finally gets this far, it will only be after a lengthy legal sequence. The “Foreclosure Trustee” (actually, there is no such animal - another discussion, another time) will typically contact you. If the bank wants to sell the property to an owner occupant, the bank will possibly decide to ask you to move to ease the future sale. If the bank is more typical (lazy), they’ll only send you a document explaining where to send the rent - only after the process has completed.


    **A: In a judicial foreclosure, the mortgagee requests a court-supervised sale of the property. Trustee sales are conducted by a sheriff, lawyer or clerk of the court acting as Trustee.
    So there really is a Foreclosure Trustee.
    *********************

    “Finally, you suggested I contact plantiff's attorney and "TALK STORY". Exactly what is meant by "TALK STORY"?”

    Vaporware. Sounds good but means nothing. Use the phrase to impress your friends, but be careful if you actually use it in front of anyone who actually knows the correct information.

    **A: all that meant was to engage in a useful, fact-finding and educational conversation with the attorney for the foreclosing mortgage company to see what the real story is and to find out what to do about the rent and everything else.

    Gene, I suggest reviewing the 2001 Florida Statutes Title XL Chapter 702. Foreclosure of Mortgages, Agreements for Deeds, And Statuatory Liens for further information.
  8. #8
    Gene Gayda Guest
    It’s been said that a wise man should never argue with a fool because the listeners may confuse who’s who.

    Well, I’ll argue you with you anyway. Let the listeners make their own decisions.

    **A: In a judicial foreclosure, the mortgagee requests a court-supervised sale of the property. Trustee sales are conducted by a sheriff, lawyer or clerk of the court acting as Trustee.
    So there really is a Foreclosure Trustee.
    *AND*
    Gene, I suggest reviewing the 2001 Florida Statutes Title XL Chapter 702. Foreclosure of Mortgages, Agreements for Deeds, And Statuatory Liens for further information.

    Since you had used the ridiculous phrase “Foreclosure Trustee” earlier, I made a point of re-reading FL foreclosure law before I posted, just in case there really was some sort of ****amamy peculiarity unique to only FL. May I suggest that you do the same now. There is no phrase “Foreclosure Trustee” in FL law. There is no implication of such an animal in FL law. The phrase is pure vaporware.

    The sale is *not* conducted by a “sheriff, lawyer or clerk of court acting as Trustee.” The sale is performed by the mortgage holder or their agent, such as a professional auctioneer, after judicial permission is given. The “sheriff, lawyer or clerk of the court” have absolutely nothing to do with the sale. While it is accurate that most lending institutions employ a lawyer to interface with the court, their lawyer is out of the picture, other than giving typical lawyerly advice and preparing documents, during the sale. There is no “trustee sales” because there is no trustee.

    Since I use the sheriff to serve papers during one step of the eviction process in NH, does that make him the Eviction Trustee? Or, is my lawyer, perhaps, the Eviction Trustee?

    No, Virginia, there really is *NO* Foreclosure Trustee. Pure vaporware.

    **A: the landlord has already breached the lease because it was agreed that there would be quite (sic) enjoyment of the premises etc. Due to the foreclosure action and the later sale of the property, the lease has been breached by the landlord.

    What absolute hogwash. At least you’re not confusing the theory of “quiet enjoyment” with anything to do with noise. But, you’re still without a clue as to what the term means. To quote a recent NH Supreme Court decision: “The right to or covenant of quiet enjoyment is a common law doctrine that "obligates the landlord to refrain from interferences with the tenant’’s possession during the tenancy." Echo Consulting Services v. North Conway Bank, 140 N.H. 566, 568 (1995).” I’m sure there’s a similar opinion in most other states. In what way is the original poster being *currently* prohibited from possession?

    None. And that’s the point. While there is a legal process afoot that may sometime in the future (if ever) have an impact, there is *nothing* currently preventing the tenant from using the property. Therefore, there is *currently* no interference with the covenant of “quiet enjoyment.” Therefore, there is no *current* breach of lease. Therefore, the tenant *deserves* to be evicted if he does not pay the rent to the landlord.

    QUOTE: Well, time has gone on and the mortgage company has no way of knowing what deals the original borrower may have made. A common practice in FL is the “lease purchase” whereby a “tenant” is not just renting a property but is, slowly, actually buying the property.

    **A: so what, what does this have to do with foreclosure of the property? The lender has a right to foreclose no matter what kind of agreement the mortgagor entered into with third parties.
    ********************
    The very smart lawyers employed by the mortgage company, to cover all possible claims of title for the property, have served you in a “John Doe” capacity in case you have any claims to assert. If you are not actually buying the property, the summons, ultimately, will not effect you.
    **A: true.
    ********************* END QUOTE

    Geeze, talk about stupid. You answer your first question by posting the next paragraph and agreeing with it.

    **A: there is a way to file a counterclaim to the eviction and stall the eviction the process if the rent was paid to a separate trust account , escrow, Court account or the lender's legal counsel to mitigate damages. I have done this on numerous occasions for tenant clients. In all cases, the Court agreed that the tenant did not have to pay rent to the landlord as long as the rent was paid and accouinted for and credit was given to the landlord.

    First off, I post using my real name. My credentials are public. Do an Internet search using my name as the key words. You will discover that I’ve been a reference source for newspapers around the country: Los Angeles, Oakland, Kansas City, Chicago, Philadelphia, Atlanta, and on and on. You have posted anonymously. No one really knows what your credentials are. You claim to have “tenant clients.” But, for some reason, I really don’t think you’re a lawyer. Your knowledge of the law is the first hint. If your “tenant clients” have given you any money, then you’re liable to be a defendant in a lawsuit for practicing without a license. Considering the quality of your *legal advice* in this matter, you’ll lose ignominiously.

    If you’re serious, come out of hiding.

    Read the FL law you mentioned. During a foreclosure there is no established “Court account (sic)” available. Given that we have no way of knowing if the foreclosure will ever happen, no eviction court judge will accept the theory of rent being paid to “a separate trust account, [or] escrow.” When this gets to court, the landlord will have no obligation to accept the past due rent and the tenant will be evicted regardless of what the tenant may have wanted at the start. *IF* the landlord is a really nice guy, he *may* accept the past due rent plus all legal fees incurred up to that point. Nice going, Ace. You just advised the tenant to incur many hundreds more of wasted money.

    Your statement of “the Court agreed that the tenant did not have to pay rent to the landlord as long as the rent was paid and accouinted (sic) for and credit was given to the landlord” tells me you’ve never been there. If the landlord has done nothing wrong (see above - there is no *current* breach of lease), then the landlord will *never* be required to lose money. The tenant will *always* be required to pay for the landlord’s costs up to that moment of the legal proceedings. And, in most instances, the landlord has to willingly agree to keep the tenant - some may not.

    No, the most proper advice is to pay the rent promptly to the landlord and insure a paper trail.

    **A: it does not matter what the landlord is doing with the money because it is not getting to the lender. That's the point here.

    Ignoring your logical confusion, the issue of what happens to the rent money is of no concern to the renter. Perhaps, the landlord is in the process of selling the property. Knowing that there’ll be a sizable cash out, he may have chosen to eliminate mortgage payments simply to accelerate his current cash flow. In this instance, the foreclosure will never happen. OoPs! Too bad for a tenant “withholding” the rent. Or, the owner may have decided to accumulate cash to make another property purchase. The new property plus the old may allow him to make everything “square” in a few months. OoPs! Too bad for a tenant “withholding” the rent. Or, maybe the landlord had invested in Enron and had to cover a margin call. Since his other stocks will be sold by year’s end to cover the capital loss, he’ll make all payments at that time. OoPs! Too bad for a tenant “withholding” the rent. No, the real “point here” is that the tenant has no way of knowing what’s really going on. Therefore, he should stay out of it. Taking sides will always cause grief. The lender is big enough to take care of themselves. The renter doesn’t need to help out.

    Since the 1st Amendment still exists, I have no problems with you saying:
    **A: read my responses and you will see that the advice is not bad at all.

    But, I’ll still stand by my first sentence:
    By my way of thinking, you’re getting some bad advice.



    Gene
    Last edited by Gene Gayda; 01-02-2002 at 01:12 AM.

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