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Going to Lease? Don't be a victim of your lessor's foreclosure

This week alone, I have received 3 calls from lessees who need to uproot their family  from their current town home, since the home they are currently renting is going to be foreclosed on.  

Imagine having dinner with your 3 and 6 year old and the sheriff comes to the door asking you for the taxes and/or the mortgage, or even better telling you that you have to move out today. sheriff Unfortunately, this scenario happened to one of my clients in Buffalo Grove, Illinois, an  affluent suburb of Chicago.   The lessess paid the rent on time, but their lessors never used the rent to pay their mortgage or taxes.  

Since I do a lot of rentals in the area, my job is to protect the people I represent.  If I represent, lessors, I do a background check on the lessees.  If I represent, lesses, I need to of course protect their interests.  

In order to protect your client if he/ she is the the lessee, and prevent them from being thrown out on the streets, or from being a victim of foreclosure,  it is important to ask these questions prior to signing a lease or rental agreement.

1. How long has the house been vacant?vacant home

• If the house has been vacant for more than a few months, it is very possible that the landlord could be distressed and must get your first/last month rent and security deposit to catch up on the mortgage that may be past due. This is the first sign that there might be a problem.  

2. Is the lessor  currently behind on their mortgage payments?

• This is a direct question that sometimes might  catch the landlords off guard, but in order to protect the tenant  and to keep him from being victimized, it doesn't hurt to ask the Question!! If the landlord becomes defensive, that is a red flag and you may want to move on to the next property.

3.. Are the taxes current on the property?

• Not only does properties get foreclosed on because of non payment for the mortgage , non payment of property taxes can also cause a property to be foreclosed on. You can also check the tax records if you feel awkward asking this question.

4. Lastly,  ask if you could pull the credit of the lessor.- Don't get me wrong, the first time I was asked this question about one of my lessors, I was taken aback and appalled that they were asking for my client's credit.  My client was allowing these people to rent from us!  However, after I have heard the problems lesses go through, I now perfectly  understand and can sympathize. People want and need  to protect their families from having to be a victim of foreclosure,  Its a mess, the  legal fees, double moving costs and lastly,  its not fun to have to move out suddenly when the sheriff comes knocking on your door. 

If you want more information regarding rentals  in the Buffalo Grove, Long Grove, and Lincolnshire area, please do not hesitate to call me at 847-602-5435 or email me at info@buffalogrovehomes.com   I am available 24/7 to make appointments!  I

 




 
Post is included in group: Posts to Localism
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17 Comments on Getting Ready to Lease? Don't be a victim of your lessor's potential foreclosure

JUN
15
2008

Excellent post! I live in Florida and this is happening a lot. 

8:57am • #1
193,761 Points Localism Sponsor Outside Blog

I have heard of this happening a lot too, what an unfortunate situation. I feel that it is unethical for a landlord not to let the tenant know of his position.

9:18am • #2
131,500 Points 1 Featured Post Called Shot Master

Great post!  but I was just wondering--don't the have tenant laws in your area.  Here in California, sometimes the tenant has more rights than the owner.  Here no one can just come one day out of the blue and evict them.  The first must get served and then go through a lenghy process.  the Sheriff comes out only after they have their day in Court.

9:23am • #3
111,903 Points

Hmmmm, sounds like a good opportunity to talk to these renters about becoming homeowners!

9:31am • #4
Localism Sponsor

Curious. I have a question that I would love if one of your readers might be able to answer: What happens to a person who has a lease-option agreement (in which a purchase agreement has already been signed by the seller) if the bank forecloses?  What if the have thousands of dollars that were to be set aside to go toward the down payment. I have been meaning to investigate, but thought I could throw this out to the community...

10:22am • #5
296,388 Points 11 Featured Posts Outside Blog

Todd, Thanks for commenting.  See Brandon's comment above.  He has asked  a great question.  Do you know the answer.  This has just starting happening where I live, so I'm not the expert yet.

1:01pm • #6
296,388 Points 11 Featured Posts Outside Blog

Lisa, - this is especially true if the landlord is a realtor.

Aida, thanks for the heads up.  I will check that out

Hope- my sentiments exactly

Brandon- when you find out the answer let me know

 

1:03pm • #7
1,063,234 Points 156 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Judy, you ALWAYS amaze me what a great agent you are. Always protecting the rights and interests of your clients. You know it used to be with renters you'd always credit check who was signing the lease. Now you have to check the landlords, but it can stave off problems in the future. Signs of the times I guess.

1:23pm • #8
225,623 Points Localism Sponsor Outside Blog

Check the tax records to be sure the landlord is current- Make Sense!

Run the credit of the Landlord! I have suggested this many times in this market. Just today I was showing rental property to yet another tenant that is living in a soon to be foreclosed property.

Deposit the advance rent and security deposit to escrow. These options are good, but most landlords would want no part of it.

4:39pm • #10
252,418 Points 3 Featured Posts Localism Sponsor Outside Blog

Hi Judy - You've certainly raised the awareness on an aspect of forclosure that never even crossed my mind. You are so expert to care so thoroughly for your rental clients--- while you wait for them to purchase their own home! Hope all is well with you.

6:38pm • #11
296,388 Points 11 Featured Posts Outside Blog

Mara, hope everything is good with you also.  I do a lot of rentals now- from million dollar houses to condos, and I have to protect all interests

11:21pm • #12
JUN
16
2008

It certainly is a scary situation for a would-be tenant. I think we should discuss this with our brokers and put together some type of office policy for rentals...to protect ourselves as agents as well as helping to protect our client's interests. Great post, Judy!

8:39am • #14
296,388 Points 11 Featured Posts Outside Blog

Thanks Kelly- you inspired me to do it.  Who knew it would be a problem in our area.

5:19pm • #15
JUN
20
2008
232,757 Points 10 Featured Posts Outside Blog

Judy, I just posted on this same thing. You're right as this is going to be more and more commonplace and we do have to do all that we can do to protect the tenants. Your post is great and very informative.

9:09pm • #16
JUN
26
2008

Judy:

I fear this sitution will only become worse now that IL has passed new laws on stated income loans.  I can't tell you how many small landlords are going to be in trouble if their loan rates adjust or they need to refinance for other reasons.  Please see my blog attached..

IL SB 1167 for small rental property owners

www.GregZaccagni.com

 

8:22am • #17
JUL
07
2008

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Judy Greenberg- Coldwell Banker- Buffalo Grove- Long Grove Homes for Sale

Buffalo Grove, IL

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Coldwell Banker Buffalo Grove- 350 Half Day Road

Cell Phone: (847) 602-5435

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