Lost home in foreclosure - tenants won't leave

[nh_wayne]

What is the name of your state (only U.S. law)? NH

My property was foreclosed on. I have tenants who lease expired on October 31st. They did not pay the rent for October since they heard about the foreclosure. (they did give me a check and the stopped payment on it.) I also told them I would not be renewing their lease and gave them a 30 days notice.

I also gave them a demand for rent and a notice to quite. They told me they should not have to pay me since I don't own the property.

In their lease, their rent includes heat, electric, water and sewer. I am broke and need their money to pay for those things. (I have no job)

Now they just petitioned the court about not having heat. I have not be able to provide it. I received a temp order to restore the heat.

How can they expect anything from me if their lease has expired and I am not the property owner?

I just want them gone and out of my life.

Thank you!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[FlyingRon]

If the foreclosure SALE has occurred and you do not own the property, I would respond to the court that you are no longer the owner. Has the sale occurred.
If they stopped payment on the property for a rent period in which you were the owner and were providing the utilities, then I'd report that as a bad check.

 

[plzody85]

The understanding I have based on wording in the lease agreement with our tenants is that if the property is sold, foreclosed on , etc the tenants then become tenants of the new property owner. In the case of a foreclosure, my understanding is that the bank will evict the tenants from the property.

 

[Who's Liable?]

The understanding I have based on wording in the lease agreement with our tenants is that if the property is sold, foreclosed on , etc the tenants then become tenants of the new property owner. In the case of a foreclosure, my understanding is that the bank will evict the tenants from the property.

Yes, but that does not mean they owe you money any more, and it would be illegal for you to collect after the foreclosure date.

If the money was owed to you on the first, and the foreclosure was the first of the following month, than you would be owed that last months rent.

 

[nh_wayne]

So I have to pay for the heat, electric, water and sewer until they leave?

I have a court date of the 29th of November.

I did read about a law that went into effect in May of this year. It states that the tenant can stay for 90 days but must pay rent.

I must collect rent, pay the expenses I mentioned above, and put the rest in an escrow account for the new owner.

Banks are not landlords.

I was assuming I pay it now and then at court, let the court know I am no longer the owner and ask to reimbursed for what I paid for them.

PS. I am also living in the property. So those expenses will be split. I have not heard a word from the bank about me leaving. I called them last week, and they had no answers for me about me leaving. (I asked for cash for keys).

 

[nextwife]

So I have to pay for the heat, electric, water and sewer until they leave?

I have a court date of the 29th of November.

I did read about a law that went into effect in May of this year. It states that the tenant can stay for 90 days but must pay rent.

I must collect rent, pay the expenses I mentioned above, and put the rest in an escrow account for the new owner.

Banks are not landlords.

I was assuming I pay it now and then at court, let the court know I am no longer the owner and ask to reimbursed for what I paid for them.

PS. I am also living in the property. So those expenses will be split. I have not heard a word from the bank about me leaving. I called them last week, and they had no answers for me about me leaving. (I asked for cash for keys).

Don't count on cash for keys. As the owner, you have had knowledge of the default and foreclosure for a long time. At this point, they may merely evict you and not want to pay you a dime.

Because of the Tenant Protection Act, many lenders will hold off on ordering utilities until the tenants are out.

 

[CourtClerk]

(I asked for cash for keys).

Now this is what is wrong with this system. YOU defaulted on your loan agreement, and now you want THEM to pay you to leave the property you weren't paying for in the first place???

I sincerely hope they tell you to pound sand. The rent money that you received that you didn't turn over to them IS your cash for keys.

 

[nh_wayne]

I did not receive any rent money when the property was not mine. Also, I asked about about the cash for keys thing. We both kind of laughed about it. The guy at the bank was very pleasant and helpful.

I feel I am now the property manager. I still cut the gas and rake the leaves. And of course keep the place clean and free of debris.

I know no one will feel sorry for me. But when I got this place is was gross. A real dump, totally trashed. Many issues. I fixed the place all out of my own pocket. Around $40,000 not including my labor.

So now they have a property that is sell-able. The value dropped because of the market (which I DO NOT control). And now the value is back up. Zillow.com value is $181,500. I owe $169k. (not including late fees - bank can eat that)

I did try to mod the loan. Did all they asked of me. Made the payments on time. After two years of the temp mod payments, I missed a deadline for getting my paperwork in (by 3 days). Mostly for that moment in time I was burnt out. Lost interest in the process and this place.

Anyway.. I have not seen the tenant around all week. Hope they finally closed on their new house.

 

[CourtClerk]

I feel I am now the property manager. I still cut the gas and rake the leaves. And of course keep the place clean and free of debris.

You can feel anyway you want. You have no obligation to keep the place clean, cut the grass or rake the leaves. It's not your house.

I know no one will feel sorry for me. But when I got this place is was gross. A real dump, totally trashed. Many issues. I fixed the place all out of my own pocket. Around $40,000 not including my labor.

Isn't that what you're SUPPOSED to do when you buy a house? If it's not to your liking, you fix it up???

So now they have a property that is sell-able.

It was sellable when it was gross. After all, you bought it.

The value dropped because of the market (which I DO NOT control). And now the value is back up. Zillow.com value is $181,500. I owe $169k. (not including late fees - bank can eat that)

Again, and we wonder...

 

[nh_wayne]

..and I lived happily ever-after... the end.

 

[OK-LL]

So what exactly does the value of the property have to do with you breaching the contract by not making the monthly payments? Nothing. You don't indicate that anything changed for you income-wise since the day you signed the paperwork to purchase the property. Never understand the logic here...

 

[nh_wayne]

I would love to get into a big drawn out discussion. But simple put, I feel all banks breached these original contracts when they stop lending to people.

They put many people in homes they could not afford to repair. But they said things like, don't worry, do the work (out of your own pocket) and the value will go up and you can refinance. Then you can roll that cost in to the new loan and you can get a lower rate.

WELL PEOPLE. (mostly you people whom think you know everything) THAT DAY NEVER CAME.

But since those words were only said, not written. I can't sue them for my loses.

Note to future home purchasers: visit home the day before you close to check it out 1 more time. I didn't and when I closed and went there, all the copper pipes were missing.

When my sister closed and went to her house, all the light fixtures we gone.

 

[CourtClerk]

Alright... riddle me this:

When you stopped paying the mortgage on this house, did you tell your tenants? Did you lower their rent because your expenses lowered? Did you tell them that they were going to be out of a home at some point because the bank was going to be taking it back because you were standing on your own principals?

Or did you just take their money?

 

[nh_wayne]

Wow, I can tell you have no legal knowledge or a law degree.

I have a legal obligation and they have their's. These are 2 separate issues and are in no way connected.

My obligation is to collect their rent, pay the expenses and put the rest in an escrow account for the current owners. I am fulfilling my obligation under the law

I am supporting them now. They are required to pay their rent or be evicted. Under a new law enacted in May of this year, the tenant can stay for 90 days but must pay their rent. Also, I can't just change the rental agreement I have with them.

Let's continue with your so called logic If I won the lottery, and now have so much money, they should feel they don't need to pay rent any more. After all, I am rich!

 

[applecruncher]

nh wayne, since you think you know everything and have all the answers you shouldn't have wasted your time asking for help. By the way, I see you're flitting around various threads playing internet lawyer and doling out incorrect information. You need to stop.