I Need Help!!

[Kamen]

I am really embarrassed to ask this, but then again this is totally not my fault. You see my fiance and I are currently renting a condo and today some guy from Comerica Bank came to the door looking for the landlord. Apparently she hasn't paid the mortgage on the place it quite some time and he is trying desperetly to get a hold of her ASAP. He wasn't supposed to tell me this, but he said that if she cannot come up with however much she owes in 9 days the bank is repossesing the house and evicting anyone who lives there. He has tried calling her home and cell and mailing her at her address and she has failed to contact him back. This is so unfair to my fiance and I because we pay our rent on time along with our other bills and now basically have a week to find a new place or pray to God our landlord pays off her back debt. Great timing with the holidays around the corner eh?

So my question is, what can be done on our end to prevent this? Or is there nothing we can do except pack like crazy people and find a new home in 9 days time. Also what legal actions can be done on our end towards our landlord for putting us in this position? I feel we should have at least been notified that there was an issue and to be completely blindsided like this is so wrong in many ways. I literally feel sick to my stomach and want to just cry. I am in freak out panic mode right now.

[littlewhip]

Wow iam so sorry you are going thru this, But i do not beleive they can just kick you out in 9 days, you have rights to, I think its more like 30 days , hopefully the landlord will come forward and take care of this, good luck hun.

[mustangbee]

Originally Posted by Kamen

I am really embarrassed to ask this, but then again this is totally not my fault. You see my fiance and I are currently renting a condo and today some guy from Comerica Bank came to the door looking for the landlord. Apparently she hasn't paid the mortgage on the place it quite some time and he is trying desperetly to get a hold of her ASAP. He wasn't supposed to tell me this, but he said that if she cannot come up with however much she owes in 9 days the bank is repossesing the house and evicting anyone who lives there. He has tried calling her home and cell and mailing her at her address and she has failed to contact him back. This is so unfair to my fiance and I because we pay our rent on time along with our other bills and now basically have a week to find a new place or pray to God our landlord pays off her back debt. Great timing with the holidays around the corner eh?

So my question is, what can be done on our end to prevent this? Or is there nothing we can do except pack like crazy people and find a new home in 9 days time. Also what legal actions can be done on our end towards our landlord for putting us in this position? I feel we should have at least been notified that there was an issue and to be completely blindsided like this is so wrong in many ways. I literally feel sick to my stomach and want to just cry. I am in freak out panic mode right now.

Well if you're landlord is like that I would find a new place to live. But they can't put you out in 9 days. First of all they would have to go to court. It would be 30 days after they file just to get a court date. Then after the Judge hears the case, they have to give you at least 30 days to move. So now your talking around 2 months or so. Not sure what you can do to the Landlord, they might have to pay your moving expenses, but again, I'm not really sure. At this point I would look for a new place, or if you do like it there, talk to that Landlord and find out whats going on.
Best of luck to you

[GinosMommy]

Originally Posted by mustangbee

. First of all they would have to go to court. It would be 30 days after they file just to get a court date. Then after the Judge hears the case, they have to give you at least 30 days to move.

yep thats true. I would start looking for a new place. You dont want to take the chnace it will happen again with her. Sorry

[MIZBROWN]

I think the best thing to do is research "tenant/landlord rights for your state". Here in California, they have to allow the tenant 30 dys to vacate wether they've given notice or been evicted. And if a tentant doesnt/cant vacate in that time, the court process is an additional 30 days... or something of that nature. Im sure that is very stressful and hope things look brighter for ya

[my2boyz]

I don't know that I would panic just yet.

Did you verify that this man was from a bank? I don't know of too many banks that would go to someone's door and give out that kind of information or ask questions. Did you give him any information? I think I would contact my landlord, tell her what happened, give her the man's name and let her take it from there. In the meantime, find out what your rights are so you'll know what you need to do when and if the time comes for you to move.

[Tiggerwit]

I agree that they can't evict you in 9 days. There is a whole eviction process but first the bank will need to start foreclosure proceedings and that's a few months I think. So you can breath a little easier. I'm a little bothered that some guy just came knocking like that, that doesn't sound right. I've never heard of the bank coming to your house. They usually just post notice on your front door, and mail you a copy of the foreclosure proceedings via regular and certified mail. Be careful what you tell this guy, there are so many scam artists out there now. You may want to call the bank to verify if they would actually send someone out, if they say no, report it to the police. If they say yes, then I'd suggest they find another method and that the guy told you information he should not have. Major privacy violation in my opinion.

Good luck, and start house hunting. You'll find something.

[pepe mint]

IF this was a legitimate banker coming to your door....chances are, the landlord has already been taken to court and 9 days is the amount of time the courts have given her. so you very well may have to move out really quick.

i own a property management company. every state has different laws but if the landlord is being foreclosed on, you are really S-O-L in this situation. I get new tenants because of this all the time.

you can take her to small claims court if you have to move out suddenly because of this.

i would start looking right away, in case the 9 days is in fact her last chance of keeping the place. you don't want to come home and have your stuff locked in the house. they will keep all your stuff as "payment" even tho it is yours and not your landlords. just protect yourself here.

i wish i had better news for you, but honestly, i wouldn't wait around to see if they really are taking possession in 9 days. start looking right now. many places aren't able to accommodate "immediate" move in's. so you want to give your new place as much notice as possible.

good luck. if you lived here i would rent you a nice house

[Yorkiekids]

I can't advice you, but I will be praying for you.

[Jenn218]

OH NO!!!! You are in our thoughts and prayers! Please keep us posted!

[Breny]

OMG! I'm so sorry! I hope you don't have to move!!!

I don't have any advice but seriously if you need me to watch Keely and Maverick if it comes down to you having to move real quick and you need help with them, please let me know! I can watch them for a few days if you need.

I'll say a prayer for you guys!

[Sunnie]

I own a rental in California.
In California, regardless of how long the owner was given, YOU have to be given LEGAL notice by the courts. it will take some time to do that, It averages 90 days from 1st legal notice til actual eviction time. You wouldn't have to be out until the hiolidays are over.

[pepe mint]

Originally Posted by Sunnie

I own a rental in California.
In California, regardless of how long the owner was given, YOU have to be given LEGAL notice by the courts. it will take some time to do that, It averages 90 days from 1st legal notice til actual eviction time. You wouldn't have to be out until the hiolidays are over.

but is she actually being evicted? she is not defaulting on HER lease agreement, just the owner defaulting on her mortgage. so the only laws that would apply to this are the "notice to vacate" laws, and i know here, we only have to give 10 day notice, 14 in some counties.
and does that not have to come from the landlord??

[Kamen]

Thanks Brenda and everyone else. I got in touch with my landlord and her mood was anything but nervous or worried. It was as if I had just told her I lost my keys or something. She had no real emotion. That kind of freaks me out a bit.

She called the bank and called me back and told me not to worry and we weren't going to be evicted because they never sent anything to her house yet according to the guy who came today they did. I really feel like I cannot believe a word she is saying to me and that she is just pulling the wool over my eyes so to speak until she figures out what to do.

Apparently my fiances Mom has connections through her work so she is going to look in to it. The letter the guy gave me which my landlord said was okay to open had her account number on it so we are going to look in to it and see what exactly she owes and if we really are in jeopardy or not. Also I will be calling the number listed on the letter to see if the guy he came over was legit and try and get a feel for what is going on to protect myself and my stuff.

[pepe mint]

Originally Posted by Kamen

Thanks Brenda and everyone else. I got in touch with my landlord and her mood was anything but nervous or worried. It was as if I had just told her I lost my keys or something. She had no real emotion. That kind of freaks me out a bit.

She called the bank and called me back and told me not to worry and we weren't going to be evicted because they never sent anything to her house yet according to the guy who came today they did. I really feel like I cannot believe a word she is saying to me and that she is just pulling the wool over my eyes so to speak until she figures out what to do.

Apparently my fiances Mom has connections through her work so she is going to look in to it. The letter the guy gave me which my landlord said was okay to open had her account number on it so we are going to look in to it and see what exactly she owes and if we really are in jeopardy or not. Also I will be calling the number listed on the letter to see if the guy he came over was legit and try and get a feel for what is going on to protect myself and my stuff.

good idea keep us posted!!!

i would still look for other places to live, sounds like your landlord is not too responsible. Did she deny that she is behind on her payments? see, that's the problem i have. she just said that she never got a letter. well, she should know if she has not paid or not. if she has not paid, it doesn't matter if she "got" the letter or not. i'm sure it was sent...banks take that stuff serious. she can claim whatever she wants. but she needs to be concerned about wether or not she paid her mortgage.

does she have a legit property management company or is she just a small time landlord? does she have other properties? is she licensed? i would look into that stuff as well, because the answers to how much you can really do would lie in what you find out about that stuff.