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Posted by: Steve from California on June 29, 2009, 11:37 am
Comment:
I have rented a house with my wife and son since Aug 08, and received papers about 3 months ago stating that the house was going to be in foreclosure if the owners did not pay, they were certified letters, I contacted to LL's and they said "oh its nothing" then I had papers taped to my door yesterday stating that they Owe 410,000 on the house and have not made a payment since May 06. And the house would be auctioned on July 16th. we were going to leave in Aug. anyways but I was advised my navy legal to not pay this month’s rent since they are prob going to lose it on the 16th. So don’t pay, and send them a letter saying that you want to use your deposit for July’s rent. I’m so stressed as well as my wife because I am getting deployed overseas in SEP 09. What should we do? not pay them rent this month? I know I prob will not get my Deposit back. but please help.....
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Replies to this comment:
Posted By karen from California on September 23, 2009, 7:54 pm
There are also special laws/rules for active military related to eviction and how banks can or cannot get you out of the foreclosed property. If you are still in the house you may get to stay longer.
Posted By Chris from California on July 19, 2009, 4:31 pm
Based on what you wrote, I agree with your Navy Legal office. Don't bother paying rent, and use the security for last month's rent. You have been a good renter so it shouldn't affect you negatively. It's not your fault that the LL defaulted. Since you were planning to leave anyway. In my situation, our LL got rent up and through his foreclosure date of May 28th (we paid that month). He lost the home and STOLE the security deposit from us. My roommate and I could take him to small claims court. As of June we have not had to pay rent, and he was not legally the owner, so he really couldn't say that the security deposit (which is more than one month's rent) is for June. Now if you were planning to stay in the home until September. Well, then technically you should pay rent for July, even though you're probably gonna lose the security deposit. Nothing becomes official until July 16 and thereafter. You should get another notice by now or very soon that the bank took back the house if your LL didn't make amends. From the sounds of it, the LL won't if they've let it go for so long (since May 2006). Our LL didn't pay the mortgage for nine months before he lost the house.
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