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Luca · 10-31-2007, 01:39 PM

Hello, I am renting an apartment from a guy who used to have two condos. I have been overseas travelling on business for almost 6 months, and the guy have been cashing in the checks that I sent him and everything is ok. Suddenly, I get a call from my boss telling me that the county sheriff is calling and that there is a foreclosure on my apartment and they are going to through my stuff out. The guy representing the bank is so kind to give me 3 days to move everything out since being out of the country. The guy who rents the apartment has fled the whole state (SC)!! I did not know about this untill the last minute - the apartment management did not call me although they had my number, and my landlord did not utter a word. He left with the rent and the deposit. What are my options? I am trying to talk the bank into giving me another month or so untill I am back and can move the stuff myself. Do I have any rights as being a tenant vs. an owner and any notice or legal options? PS: I'm still overseas for another 10-14 days. What legal option do I have to let the bank honor the old lease or to leave me alone untill I am back?

harry · 10-31-2007, 01:39 PM

You really need the services of a qualified RE attorney on tis one.

Leki · 10-31-2007, 01:39 PM

well what info do u have on the person that u were paying rent to.. think about it like this.. u r living out whatever u paid.. it's a shame that ur asssssed out right now cause now u have to move ur stuff to storage but i would talk to a lawyer, the bank, and whatever housing depts in your area.. hell hire a PI and find the SOB

saimon · 10-31-2007, 01:39 PM

Being out of the country is a disadvantage but since the bank is willing to talk with you, you might stand a chance of keeping your apartment.

Do you have bank statements or canceled checks showing your rent was always paid on time? If so make copies of them and draft a letter to your contact at the bank. Then fax it to them! Don't mail it, takes too long and time is short.

What you want is to ask since they are going to foreclose anyway, is it possible for you to continue to rent the unit at the same rate for 3 months, until you are able to find another residence and return from your trip?

Having been a good paying tenant, they may consider it. In the current housing climate, the last thing they want is the cost to maintain an empty apartment. Word your letter professionally, don't whine and let them know the date you will return.

Also, include that you are willing to send them the current rent for the month and will come in to speak with them in person when you return.

They may say no, but you don't know if you don't ask. Who knows, they may even be willing to work with you so you can become the new owner - it's worth a shot.

Good luck....oh, one more thing: Will your boss vouch for you as a reliable and basically honest person? See if you can get a letter from him/her attesting to that fact. Couldn't hurt.

10-31-2007, 01:39 PM	#1
Luca Greenhorn Join Date: Jul 2006 Posts: 20 Rep Power: 6	Renting - foreclosure!!? Hello,<br /><br />I am renting an apartment from a guy who used to have two condos. I have been overseas travelling on business for almost 6 months, and the guy have been cashing in the checks that I sent him and everything is ok. <br /><br />Suddenly, I get a call from my boss telling me that the county sheriff is calling and that there is a foreclosure on my apartment and they are going to through my stuff out. The guy representing the bank is so kind to give me 3 days to move everything out since being out of the country. The guy who rents the apartment has fled the whole state (SC)!!<br /><br />I did not know about this untill the last minute - the apartment management did not call me although they had my number, and my landlord did not utter a word. He left with the rent and the deposit.<br /><br />What are my options? I am trying to talk the bank into giving me another month or so untill I am back and can move the stuff myself. Do I have any rights as being a tenant vs. an owner and any notice or legal options?<br />PS: I'm still overseas for another 10-14 days. What legal option do I have to let the bank honor the old lease or to leave me alone untill I am back?<br />

10-31-2007, 01:39 PM	#2
harry Greenhorn Join Date: Jul 2006 Posts: 10 Rep Power: 0	Renting - foreclosure!!? You really need the services of a qualified RE attorney on tis one.

10-31-2007, 01:39 PM	#3
Leki Greenhorn Join Date: Apr 2007 Posts: 2 Rep Power: 0	Renting - foreclosure!!? well what info do u have on the person that u were paying rent to.. think about it like this.. u r living out whatever u paid.. it's a shame that ur asssssed out right now cause now u have to move ur stuff to storage but i would talk to a lawyer, the bank, and whatever housing depts in your area.. hell hire a PI and find the SOB

10-31-2007, 01:39 PM	#4
saimon Greenhorn Join Date: Jul 2006 Posts: 45 Rep Power: 6	Renting - foreclosure!!? Being out of the country is a disadvantage but since the bank is willing to talk with you, you might stand a chance of keeping your apartment. Do you have bank statements or canceled checks showing your rent was always paid on time? If so make copies of them and draft a letter to your contact at the bank. Then fax it to them! Don't mail it, takes too long and time is short. What you want is to ask since they are going to foreclose anyway, is it possible for you to continue to rent the unit at the same rate for 3 months, until you are able to find another residence and return from your trip? Having been a good paying tenant, they may consider it. In the current housing climate, the last thing they want is the cost to maintain an empty apartment. Word your letter professionally, don't whine and let them know the date you will return. Also, include that you are willing to send them the current rent for the month and will come in to speak with them in person when you return. They may say no, but you don't know if you don't ask. Who knows, they may even be willing to work with you so you can become the new owner - it's worth a shot. Good luck....oh, one more thing: Will your boss vouch for you as a reliable and basically honest person? See if you can get a letter from him/her attesting to that fact. Couldn't hurt.

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