Can I collect rent while my house is in default?

Originally Posted by Unregistered You should not be a TOTAL SLEEZEBAG and collect rent from people while you party on and they pay for your house. It's disgusting. Our landlady has not paid for 8 months and when we try to meet with her she is too busy getting a manicure! Now she wants her mail sent her so she can refinance. It's total sleezy double dealing. She's lucky my husband is nice becuase I want to let her have it especially now that she wants to come over and collect her fraudulent mail from the house we are paying for. I hope she gets a nail fungus and it spreads to her lying mouth.

I think people who go on and on like this are kinda funny. Why is it that people have no problem going out spending thousands of dollars on credit cards and never paying the credit card company for the "items" that they purchased with the credit card companies money but people tend to think that people who own houses shouldn't do everything they can to try and save the property THAT IS THEIRS until the lender takes possession of it? The reason YOU are paying for the house is because YOU CHOSE TO RENT A HOUSE. Why I wonder???? Could it be that you couldn't purchase one so you rented one instead. Don't act like you are doing the owner any favors by paying rent for a property that they rightfully own, if anything they are doing you the favor of offering single family living. You are paying for what you get. A roof over your head, you are not paying for the house. For all you know the owners have 20 years of equity in the house. Who paid for that???? THEM !!!! As for mail, an owner has the right to use that address as a mailing address if they so choose to, it is their property and they can do what they choose with it. If you are on a month to month tenacy, the owner has the right to give you 30 days notice to vacate even if you've never missed a rent payment. If you didn't rent it from them, someone else would and they would probably appreciate the fact they have been offered the opportunity to live in a single family home without all the crap that comes along with actually owning it !!!!!!

we r renting our home and let the tenants know it is in forclosure but may take quite a while- my parents home has sat there 3 yrs now without being taken- the lender will not allow us to make payments- we have a federal loan- so we figured they say they wont let us sell or modify or refinance- so what else can we do- we want our small kids to feel stable not be rushed to move if the notice comes (which gives us 3 months). our tentant is quite content with the agreement and sees nothing wrong-they get a home and i am able to pay my new rent and pay off debt )

I just received a notice saying the property I live in will be auctioned off on July 5th 2012. I am going to pay the rent for the month of June because the lanlord can possibly reinstate the loan or get a loan modification and I would hate to have to go through the eviction process. Because the landlord is in default I can write him and let him know I want to move and end my lease. I am hoping the sale date does not get postponed and goes to sale so I can move into something cheaper and I will be able to recieve cash for keys and get my full deposit back because the owner was having the property managed by a management property they have and held on to my deposit and they will be entitled to return my full amount.

We found out that the person we signed a "month to month" with only owns 1% of the house we live in. The 99% owner left and moved out of town months ago and has just written off the house and wants nothing to do with it. What rights do we have. Neither one have paid the mortgage for the last 10 months and it's in foreclosure. Do we continue to pay the 1% owner??? The other owner doesn't know it's being rented and has no communicated with the other party in months.

[sandyclaus]

Originally Posted by Unregistered We found out that the person we signed a "month to month" with only owns 1% of the house we live in. The 99% owner left and moved out of town months ago and has just written off the house and wants nothing to do with it. What rights do we have. Neither one have paid the mortgage for the last 10 months and it's in foreclosure. Do we continue to pay the 1% owner??? The other owner doesn't know it's being rented and has no communicated with the other party in months.

Both owners have the right to collect property in which they have ANY ownership interest. If the 2nd owner chooses to have nothing to do with the property, then the 1st owner can pretty much do as he wishes and rent the property out as he chooses.

As long as your LL has ANY ownership interest in the property, you will be obligated to perform under your rental agreement and pay the rent under that agreement to him. If you fail to pay your rent, the LL will still have the right to evict you from the property for nonpayment.

If you are not happy renting from someone whose house is in foreclosure, you are welcome to give proper notice and terminate your M2M tenancy.

Originally Posted by Unregistered I think people who go on and on like this are kinda funny. Why is it that people have no problem going out spending thousands of dollars on credit cards and never paying the credit card company for the "items" that they purchased with the credit card companies money but people tend to think that people who own houses shouldn't do everything they can to try and save the property THAT IS THEIRS until the lender takes possession of it? The reason YOU are paying for the house is because YOU CHOSE TO RENT A HOUSE. Why I wonder???? Could it be that you couldn't purchase one so you rented one instead. Don't act like you are doing the owner any favors by paying rent for a property that they rightfully own, if anything they are doing you the favor of offering single family living. You are paying for what you get. A roof over your head, you are not paying for the house. For all you know the owners have 20 years of equity in the house. Who paid for that???? THEM !!!! As for mail, an owner has the right to use that address as a mailing address if they so choose to, it is their property and they can do what they choose with it. If you are on a month to month tenacy, the owner has the right to give you 30 days notice to vacate even if you've never missed a rent payment. If you didn't rent it from them, someone else would and they would probably appreciate the fact they have been offered the opportunity to live in a single family home without all the crap that comes along with actually owning it !!!!!!

...Who paid for the 20 years of equity? --NOT the 'owner'; all the previous tenants (who get the keep the memories, while the 'owners' get to keep the house) ... which was [pretty much] paid for by others!

Originally Posted by Unregistered So, I completely understand that the landlord, as long as they own the property can collect rent. My landlords have defaulted on their home, the one I'm renting, as of Aug 08, 2011. I have the Notice of Default from the County Assessor, it's public information...I got suspicious when I started receiving the landlords mail: Wells Fargo, Trustee Service, etc. I paid August rent but I havn't paid September...I told the landlord I would like to speak with them and we're meeting this weekend. I have a month-to-month lease and I have been living here for 2 years. I am going to attempt to negotiate these last two months rent... If I pay for September and move in Oct they will lose October's rent and have to return my 1900.00 security deposit so they'll be out $3800. I am going to propose they keep my security deposit of $1900 and $500 for Sept and $500 for Oct. That is $2900 they would gain if I stay. A win-win situation : ) BUT, I went on the assessors website this evening and their are new entries under their names. The recent documents are as follows... * 09/07/2011 ASGT Trust Deed Grantor(s): COUNTRYWIDE HOME LOANS INC MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC LANDLORD ANGELO Grantee(s): BANK AMER B A C HOME LOANS SERVICING L P COUNTRYWIDE HOME LOANS SERVICING L P *09/13/2011 ASGT Trust Deed Document Type: ASGT TRUST DEED Grantor(s): MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC LANDLORD MARIA FELICIA LANDLORD ANGELO A Grantee(s): DEUTSCHE BK NATL TR CO TR AMERICAN HOME MTG INV TRUST 2007 A I know the grantor is the seller and the grantee is the buyer. With that in mind the landlord's are not listed in the grantee column anymore... So who owns the house I am renting? If the landlords don't own it anymore then I do not have to pay them.. Did the previous lender sell the mortgage to another lender? Please, Just need help deciphering this mess... Thanks in advance, Michelle in CA

So, you received noticed only a month after the first payment was missed? I am trying to connect the dates on your post and it seems quick. I thought it took several months for notification, for the sheriff to deliver papers, for the waiting period, etc. my research made me think it was 12-14 months start to finish???

[Bryants]

Originally Posted by noone123 I am in default on a home I think Im going to just let foreclose. Can I collect rent, and pocket it, while I am in the foreclosure process?

That's a very legal grey area simply because of the timeline between when you stop being the legal owner and the bank starts.

Nothing about your situation sounds right though because if you're collecting rent, how are you in default?

Sure you can collect rent if you are still the legal owner, but you're a real **** bag if you do that. Just sayin...

I'm Cindy in California,

I tried to get a loan mod on my primary resident and my roommates are now trying to blackmail me and not pay there share of the rent to me because they say it was illegal for me to collect rent from them while the house was in default. I never got the loan mod, partially because they never stayed current and so my income was to low. The loan originated in 2001 so it wasn;t rent skimming and I told them when they moved in I was in default and doing a loan mod. I had to pay 25K to stop the house from being sold on the steps now they want me to reduce there rent or they are going to sue me for fraud or turn me in for fraud? Fraud for what? They said because I always stay at my boyfriends house I am never home so it isn't my primary so I lied on the loan mod. WTF? Really. Can anyone tell me what they are reading. They are in law enforcement and have me scared. I am much younger than them. I gave them a three day notice to pay and it is getting ugly now.