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Landlord defaulted on the mortgage

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rcurtisjr

Guest
What is the name of your state? Utah

Just got word, not from the landlord at all (no communication from him) that he has defaulted and the mortgage co is holding a trustee's auction on the 16th of Sept. He has known since mid-May and has never said a word to me. Nothing..no emails, no phone calls, nothing. I am wondering if there is any cival/legal ramifications for doing this?? I mean he knew about it and since mid-May has still collected rent checks and still cashed them. I kinda expected this because there was a scare once before and I gave him what I had in my savings account just so we would not be faced with this about a year ago. I am the only one working in my family...and have 7 of us to support. I am wondering what are my options so we do not have to face becoming homeless. Any help would be greatly appreciated.

Thanks,
Richard
 


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carpe223diem997

Guest
If you have a lease the new owners cannot legally make you vacate the premises. They will try, but as long as you have a copy of your lease they are bound to it as well and you may stay through the duration of your lease.
 
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loserrr

Guest
Time to send the wife out to work.

MILLIONS of Americans do every day, you work one shift she works another to lessen any child care costs.

With NO LEASE all you get is a 30 day notice to vacate and the days start to count when you normally pay rent.
 
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rcurtisjr

Guest
With 5 young kids, all my wife would ever make would be spent on day care. We've already checked it out. In fact we'd loose about another $200 a month. I understand I'd have 30 days from the day of sale to get out, what I'm wondering is can I sue my landlord for money paid to him since May since he knew about it and failed to contact me in any form and still cashed the checks???

Thanks
Richard
 

abezon

Senior Member
No, you can't sue the landlord since you have not been damaged. You have a month-to-month lease, so 30-day notice was all you'd ever get anyway. Whether you get it from the landlord or the new owner is irrelevant.

Now, if you have a year lease, it's another story. The mortgage company can send you legal notice per state law that you are now to send your rent checks to them. When they foreclose on the house, they will either sell it as a rental property with established tenants, or they will bribe you with lots of money so that you & your family are gone before they sell the house. Make them pay through the nose -- your security deposit, moving expenses, and a little something for your inconvenience.

Until you get notice from the new owner or a court, you continue to send your rent checks to the landlord on time. Be sure you can prove you paid the rent each month.
 
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rcurtisjr

Guest
how does the mortgage company work by them paying to move someone??? there is sort of a lease in place, it's an unsigned lease.
 

HomeGuru

Senior Member
Nice try folks but the real facts are as follows:
The Utah foreclosure law allows the Court to appoint a foreclosure Trustee as part of the foreclosure action. The trustee's duty is too manage the property and sell the property.
Once the appointment is made, the Trustee acts as the Court appointed owner of the property and has the power to terminate a month-to-month OR a long term fixed lease. The property owner/mortgagor and tenants have no say in the matter although the tenants could try to negotiate with the Trustee to by some time. The Trustee could demand the rental payments and could demand the tenants vacate the property. The Trustee also has eviction rights if the tenants refuse to vacate the property.
 
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rcurtisjr

Guest
How much time do I have after the sale?? Legally don't I have the legal 30 days after notice???
 

HomeGuru

Senior Member
rcurtisjr said:
How much time do I have after the sale??

**A: why are you asking us? I just got through explaning to you about the Trustee.
Ask the Trustee when you need to move out. Hopefully, it is not before the sale.
It may be after court confirmation.
***************


Legally don't I have the legal 30 days after notice???

**A: what 30 days after notice? The Trustee does not have to follow the residential L/T laws.
 

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