11 Leatherwood
An interesting and important question came up in the comments sections the other day. Someone asked if there was any way to know if a potential landlord or existing landlord is behind in their mortgage payments. My answer was, if the payments are behind enough that the lender starts foreclousure proceedings, one may access a recorded Notice of Default at the County Recorders Office. But if the payments are late by one or two months, I do not know of any method of finding out if the payments have been made.
But, there are other questions that the commenters question brought to mind and I had to find out.
Is it illegal to receive rent and not use that rent to make the mortgage payment on the rented property? Answer; no.
Is it illegal to rent out a home which has a Notice of Default recorded against it. Answer; no.
Is the landlord required to disclose to a prospective tenant that the landlord is behind on mortgage payments or that foreclosure proceedings have been initiated on the property? Answer; no.
Would the NAR take any type of disciplinary action against any realtor involved in any of the above. Answer; no.
blinker
August 23rd, 2009
When it was happening to me, I paid 2 real estate attorneys to learn the same dismal truth. The title says it all, immoral but not illegal. Any realtor who knowingly puts a tenant in that position should be “outed” in my opinion as it is an indicator of their level of integrity. I would hope that the law would at least catch up to make such rental agreements void (elective by tenant) once an NOD is filed. Legally the schlep can hold you to the term (keeping you from moving on)as well and continue to bilk you for thousands of dollars until the foreclosure is final………..which takes forever these days.
I have seen houses appear on realty trac only to make their debut on the MLS as a rental. I always wondered how the realtor explained that to prospective tenants, don’t ask-don’t tell (I assume). I could go on and on, but, I won’t.
JC
August 23rd, 2009
Interesting the photo is of 11 Leatherwood. Being that the owner is also a Real Estate Agent it speaks volumes about the same questions you raise above. Not only is it wrong but unreal that an agent would rent out his own home under these conditions?
cdcrez
August 23rd, 2009
Coinkadink?
bb5
August 24th, 2009
I have a rental property and my latest tenants requested a clause be included in the lease that if I get a NOD, the lease would convert to month-to-month. I was happy to oblige given that it’s N/A for me and assuming that they went on the wild goose chase described above and didn’t find anything, but I have no idea how a clause like that would actually stand up if it happened to someone. I also suppose they would have to follow the Recorder to see if an NOD is filed, can’t see one of these angelic realtors offering it up. I applaud their “protective” actions and I post this simply to show another example of what a disaster this market has become that tenants are forced to think about this given that some landlords (most realtors) are light on the integrity.
bb5
August 24th, 2009
unfortunately most aren’t as savvy, but a great practice for those of us who are leasing. “Leasing…everybody’s doing it” @cdcrez
chipotle
August 24th, 2009
@bb5: That’s not a bad tactic by your renters, although at the end of the day, I’m not sure it gets them much other than the right to get out of the foreclosure-to-be without arguing over a lease-break. A renter ought to include a clause that says if the house gets a NOD, the rent is reduced to half (or less) during the period the NOD remains uncured. That’s what I would negotiate if I was renting from a private landlord. I can just imagine the landlord arguing with me: “but no, I want to be able to pocket your rent and not pay the mortgage on the house you and your family are living in.”
Mike Crowley
August 25th, 2009
This is an interesting post. However, I do have to say the title and the post itself are misleading in this particular case. I actually know the details between the landlord and the tenant and I have actually seen a copy of the rental agreement that BOTH the landlord and tenant signed. The Landlord and agent FULLY disclosed what is going on with the loan and what is going on with the payments — it is a loan modification that is being attempted. Everything is written in the rental agreement.
So, in the case of this particular property, the original post is highly misleading. I’m thinking it might be HIGHLY beneficial for the original poster to delete this post or modify it greatly so that it doesn’t serve to defame all the parties involved — landlord, tenant and agents.
Thank you in advance for agreeing not to post something without checking your facts.
cdcrez
August 25th, 2009
What case? Check what facts? What landlord? What tenant?
If you read the post, you will see there are no facts, names, or case cited. Just questions. Do you take issue with the provided answers? Are they incorrect? If so, do tell.
Mike Crowley
August 26th, 2009
@cdcrez
Given that you included the address of the property, you were inferring by association that that particular property’s owner is doing things stated in your post and title. Thus, by reading comment #2 above I think we can safely say that people have now incorrectly connected that owner and his property to your questions and title. At the very least you should take the journalistic high road and remove the address so others don’t continue to make incorrect judgments based on your inferences.
cdcrez
August 26th, 2009
Well, let’s see if the property owner did any of the things stated in my post.
Did the owner of 11 Leatherwood rent out a home which has a Notice of Default recorded against it at the time it was being leased?
And to be clear, there are no journalists writing on this blog, nor do any purport to be. This is not news. This is a blog, and you are free to comment as much as you like, unlike a news venue.
And IIRC, you said you have read the rental agreement. Why have you read the rental agreement? Were you involved in the rental transaction? In other words, what credibility do you have? Why should anyone take anything you say as correct or incorrect?
Mike Crowley
August 27th, 2009
Of course I have read the rental contract, otherwise I wouldn’t have been able to state the fully true facts. You really should think twce about posting things that infer other than what they are.
cdcrez
August 27th, 2009
Again, why have you read the rental contract? Were you involved in the rental transaction? You say, “Of course I have read the rental contract”. How would anybody know you are stating the true facts? You have offered no evidence other than your saying you have read it.
Your logic is circular. Saying that you have to have read it, otherwise you would not know the true facts is circular logic and is saying nothing. It is like saying I know because I know, and your inability to answer questions makes your assertions dubious at best.
And again, did the owner of 11 Leatherwood rent out a home which has a Notice of Default recorded against it at the time it was being leased?