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Can the House I'm Renting Be Foreclosed On?

By
Real Estate Agent with Remerica Integrity, Realtors®, Northville, MI

Can the House I'm Renting Be Foreclosed On?

Question: "I currently reside in a home and all kinds of letters from the city have been coming saying the taxes are delinquent and are now in forfeiture status as well as letters from attorneys saying it's scheduled for sheriff's sale next month."

Answer: Yes, it can be foreclosed on.

What are my rights?

These days, I would suggest that you make sure the mortgage is being paid by the owner or the home, along with the taxes. There are some "landlords" who are collecting the rent money but not paying on the mortgage and/or taxes and just pocketing the money. This is Fraud, people!

If you're going to rent a house or condo, make sure the mortgage and taxes are paid up. You can do this by requesting to see the monthly statement from the home owner each month (copies will be fine) and checking to see that the last months payment was made. City hall should have the updated tax records.

If you suspect that they're not making the payments and you're still paying rent, I suggest you consult a real estate attorney.

The last thing you need is the Sheriff showing up one day and removing you and all of your belongings from the house because the home owner didn't pay their bills, while you were still paying rent.

Can the House I'm Renting Be Foreclosed On? Unfortunately, Yes.

Comments (10)

Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Good advice for tenants, Eric.  I'm amazed that with the frequency of this problem these days that landlords still get offended by the request for a satisfactory payment letter from the mortgage company.

Mar 17, 2012 08:38 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

If I was renting I would be asking the owners permission to have the Bank let me know if the payments get behind.  If they would not do that, I would have to think hard about renting from them.

Mar 17, 2012 08:38 AM
Michelle Francis
Tim Francis Realty LLC - Atlanta, GA
Realtor, Buckhead Atlanta Homes for Sale & Lease

Eric, 

We've gotten some new tenants in a house that's $6,800 a month.  Yes, they can and do get foreclosed out of EVERY price point.  

First thing we do before taking on a new leasing or leasing/property management client is to do our due diligence on them by verifying the property is NOT in any foreclosure categories - tax issues, etc.  It just is smart business.

All the best, Michelle

Mar 17, 2012 08:42 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Eric-is it really fraud if they are collecting the rent and not paying the mortgage?  I'd be curious if there have been any successful court cases or any lenders who have gone after an owner when they find out they were getting rent and not paying the mortgage.  Just thought I'd throw that out there.

Mar 17, 2012 11:41 AM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

Have seen this happen a time or two where the landlord was renting out a home and not making the mortgage payment.... not a nice thing to do.

Mar 17, 2012 12:55 PM
Amanda Christiansen
Christiansen Group Realty (260)704-0843 - Fort Wayne, IN
Christiansen Group Realty

I have seen this happen a few times.  Very sad for the tenant.  Good blog!                                                

Mar 18, 2012 12:08 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

That is one thing I love about Oregon. If a renter is in a property and it is foreclosed on, the new owner has to give them 90 days after the foreclosure date. (Unless, they do a cash for keys, the that time is negotiable)

 

Mar 18, 2012 04:10 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

We also recently got a REO listing with unsuspecting tenants.  Fortunately we were able to offer them a very nice cash for keys and still give them more than 30 days to find a new place to live.  What a sad situation if you are paying your rent.

Mar 19, 2012 12:32 PM
Lynda White
Bluegrass Homes & Farms Realty, Agent Know How - Louisville, KY
Admin. Mgr., Keller Williams Realty

I'll bet this happens all the time. There are a lot of crooks in the world! 

Mar 20, 2012 03:57 AM
Eric Michael
Remerica Integrity, Realtors®, Northville, MI - Livonia, MI
Metro Detroit Real Estate Professional 734.564.1519

Thanks for all the comments, everyone! Sorry it took me a few to get back to ya.

Mar 23, 2012 02:44 AM