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How are we protecting Renters from Forclosures

By
Real Estate Agent with Samson Properties VA Lic # 0225101380

I'm starting to see this more and more everyday - A co-worker of my put one of her clients into a rental last month - Dec 18th 2007 and on the 15th of Jan the renters got a knock on the door from another Realtor advising them to stop paying the rent because the house was being foreclosed on.  So what do you think the first reaction the renters had?  They called their agent (my co-worker) to see why she put them in a house that was going to be forecloses on.  So my question to all you A/R geniuses is How do we protect our renters and our good name when dealing with renters? 

Thanks in advance

Vincent McKamy

Realtor - Coldwell Banker Elite

www.TheGPSRealtyTeam.com

Serving Fredericksburg, Stafford and Spotsylvania area

Wendy Rulnick
Rulnick Realty, Inc. - Destin, FL
"It's Wendy... It's Sold!"
Vincent, That is a great point.  I don't do rentals but I would imagine rental companies and agents ought to start doing public record searches on landlords prior to leasing for them.  They should also have a clause that if the seller does not disclose any liens or imminent foreclosure action on the property, he will be liable to pay tenants moving expenses and damages.  Wendy
Jan 31, 2008 01:02 AM
Debbie Holmes
John L. Scott - Boise, ID
Gets the job done!
Yeah I worry about that.  It's pretty slimy to take the rent and not pay the mortgage.....   The poor tenants didn't do anything but they could end up being evicted anyway.  One could try to take the landlord to court but he probably is about to declare bankruptcy.
Jan 31, 2008 01:05 AM
Ryan Dick
Big Old Dog LLC - Buffalo, NY

In my county (Erie, New York) it takes five minutes to determine if the property has a lis pendens filed.  Not only can you direct your rental client away from the distressed property, but you could also land a listing if you approach the owner in time.

 

 

Jan 31, 2008 03:09 AM
Carol Lynne Bull
Keller Williams - Alexandria, VA

I'm new to this but could you do a back ground check on the landlord as you do the would be tenants?

Carol

Jan 31, 2008 03:47 AM
Stella Barbour
NoVa Brokers LLC - Vienna, VA
Principal Broker, Serving Virginia and Maryland
I have been running into this problem myself.  I try to do as much investigating as possible and I have been asking that the security deposit be put into a trust fund of a third party for a certain amount of time and I have not had anyone turn that down yet.
Jan 31, 2008 08:17 AM
Kevin McGrath
Long & Foster Real Estate Companies- Fredericksburg/Spotsylvania - Fredericksburg, VA
Long & Foster Real Estate Companies
I think it is a big problem, and it is much more common with lower income, credit challenged renters, folks down on their luck who will take what they can get just to put a roof over their heads.
Jan 31, 2008 09:14 AM
Alan Kirkpatrick
Austin Texas Homes - Round Rock, TX
Alan in Austin

Vincent:

Your post is very interesting and sheds light upon some things we need to think about. Perhaps it is time for "good" reanters to do a background on the owners just as the owners do a background on the renters.

thanks for commenting on my post.

Jan 31, 2008 11:40 AM
Paul Moye
Benchmark Realty - Franklin, TN
Broker, GRI, SRES
Run a Lien check on the property or pull one yourself at your Registrar's office. However as a Broker I would ask why are my agents working so hard to place a renter into a house??? I know it might be a good thing to do but is that really what you should be doing? Property Management is a sticky business and facilitating a rental contract as a licensed agent is even more sticky....????
Jan 31, 2008 12:35 PM
Robert McArtor
RE/MAX Components - Fallston Maryland - Bel Air, MD
Top Listing Agent for Baltimore and Harford County
I believe Renters have every right to interview their potential landlord. "How long have you owned this house?", "Have you ever had a house in foreclosure?", etc. I recently did a Cash for Keys for a tenant in a house the owner was foreclosed on. Guess what.....it was auctioned off when he signed the rental agreement......how slimy!! This woman with 3 kids left on December 17th. with a measly $250 from the bank and she will more than likely lose her security deposit. Unreal. She asked me if I thought this was fraud......I told her the name of my attorney.
Jan 31, 2008 01:48 PM
Kevin McGrath
Long & Foster Real Estate Companies- Fredericksburg/Spotsylvania - Fredericksburg, VA
Long & Foster Real Estate Companies

I think some renters think that  - ok - so what - I can just not pay - stay here rent free - it is not on my credit - I'll move when you make me.

A different spin on the sitiation. 

Feb 06, 2008 09:48 AM
Anonymous
Stacey

My landlord put the house up for sale a month after I moved in. Then took it off market about a month ago. I asked if he was willing to rent to own when he put it up for sale, then again when he took it off the market. Good thing I never signed papers.  I found out recently he is in default of paying the morgage.  Now his phone is disconnected, he moved to the country some where, and I'm receiving mail for him. I don't even know what exactly to do. I'm waiting to hear back from legal aid.  Mean time worried my three boys and I are not going to have a place to live. 

Mar 20, 2008 04:09 AM
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