Lis pendens

[Missy]

I lease a house from a property management co., the home owner has not paid his mortgage since we moved in (9mo) so he is being foreclosed on. Property Management has cancelled thier agreement with him and are holding the rent payments. I have been advised no to pay rent any longer, and as long as the house has lispenens that no one can evict us is this true?

[This message has been edited by Missy (edited August 09, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Missy:
I lease a house from a property management co., the home owner has not paid his mortgage since we moved in (9mo) so he is being foreclosed on. Property Management has cancelled thier agreement with him and are holding the rent payments. I have been advised no to pay rent any longer, and as long as the house has lispenens that no one can evict us is this true?

[This message has been edited by Missy (edited August 09, 2000).]<HR></BLOCKQUOTE>

No it is not true. I do not understand why the property mgt co. cancelled and is holding your rent money. The best thing to do is place your rent in escrow or in an attorneys clent trust account. Contact the foreclosing lender as your rent should really be going to them, if they have as assignment of rents clause in the mortgage. Send a demand notice to the property management company to send all the rent that you paid to them directly to the lender. If you stop paying rent, the lender or court appointed foreclosure commissioner will want to kick you out sooner. Ant they will be entitled to.

 

[Missy]

I am not sure why property management is holding the rent, but the only rent payments they have is this last month, because they send the payments directly to the home owner after they take out thier fee, and I am trying to stop payment on that last check. I really dont think that anyone will go through the trouble of evicting us, because the home owner has already stated to property management that he does not intend to pay off his debt. Do you? I am just worried about, if they can come after us down the road to collect past rent, the only reason I am not paying is because we will be asked to move with very litter notice and they could hold our deposit for fees owned by the home owner. Could they come after us for past rent after the house goes up for sale <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
No it is not true. I do not understand why the property mgt co. cancelled and is holding your rent money. The best thing to do is place your rent in escrow or in an attorneys clent trust account. Contact the foreclosing lender as your rent should really be going to them, if they have as assignment of rents clause in the mortgage. Send a demand notice to the property management company to send all the rent that you paid to them directly to the lender. If you stop paying rent, the lender or court appointed foreclosure commissioner will want to kick you out sooner. Ant they will be entitled to.<HR></BLOCKQUOTE>

 

[peter]

Well if the property manager gives you 30 days notice to move, then you will NEVER owe any rent past the move out date.....as long as you are gone, and the rent is paid in full to that date.

They chose to end your tenancy by giving you a 30 day notice, But if you have a lease, they cant kick you out until it expires as long as you pay the rent.

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Missy:
I am not sure why property management is holding the rent, but the only rent payments they have is this last month, because they send the payments directly to the home owner after they take out thier fee, and I am trying to stop payment on that last check. I really dont think that anyone will go through the trouble of evicting us, because the home owner has already stated to property management that he does not intend to pay off his debt. Do you? I am just worried about, if they can come after us down the road to collect past rent, the only reason I am not paying is because we will be asked to move with very litter notice and they could hold our deposit for fees owned by the home owner. Could they come after us for past rent after the house goes up for sale <HR></BLOCKQUOTE>

 

[peter]

And here is a little something tenants DONT KNOW:

If the management company tries to stiff you for the security deposit..

YOU HAVE A LEGAL RIGHT TO ATTEND THE CLOSING
and put in a claim for your security deposit, it will have to be resolved before the house can close...neat huh!