Any Lawyers? Need Legal/Real Estate advice again!

[Teren_Kanan]

So a new real estate company has recent purchased (or obtained?) our home from our previous landlord. We were renting the home and under Lease until late April. (Posted about in this thread
http://cowboyszone.com/threads/any-realtors-need-some-quick-info.316782/

The new company contacted us and said they would offer to pay us to move out by April 13th in a Cash for Keys program. We agreed to this and everything seemed to be fine at this point. We contacted our previous Landlord and he said that's no problem, to let him know when we are moving out and he would prorate our rent for the month of April, and he'd need a day where he can come get the appliances which he said are his (Dish Washer, Refrigerator, etc).

We spoke with the new Real Estate company today to finalize everything and set up our inspection date and they are telling us that the appliances must remain in the house. They said the house is foreclosed and not only must the appliances remain in the house, but also that since they own the house, we are under no obligation to continue paying the guy (since he clearly isn't paying the bank with our rent money). They said if the previous landlord attempts to collect the appliances, that we should call the police, as the bank officially owns the house and the appliances along with it.

What the new real estate company is telling me seems logical, but I don't want to put myself in a position where the previous landlord is coming after me for for the costs of the appliances, or the prorated rent for April (if we really don't have to pay him).

Any lawyers or real estate people here have any advice? Should I just contact a lawyer asap?

 

[burmafrd]

So a new real estate company has recent purchased (or obtained?) our home from our previous landlord. We were renting the home and under Lease until late April. (Posted about in this thread
http://cowboyszone.com/threads/any-realtors-need-some-quick-info.316782/

The new company contacted us and said they would offer to pay us to move out by April 13th in a Cash for Keys program. We agreed to this and everything seemed to be fine at this point. We contacted our previous Landlord and he said that's no problem, to let him know when we are moving out and he would prorate our rent for the month of April, and he'd need a day where he can come get the appliances which he said are his (Dish Washer, Refrigerator, etc).

We spoke with the new Real Estate company today to finalize everything and set up our inspection date and they are telling us that the appliances must remain in the house. They said the house is foreclosed and not only must the appliances remain in the house, but also that since they own the house, we are under no obligation to continue paying the guy (since he clearly isn't paying the bank with our rent money). They said if the previous landlord attempts to collect the appliances, that we should call the police, as the bank officially owns the house and the appliances along with it.

What the new real estate company is telling me seems logical, but I don't want to put myself in a position where the previous landlord is coming after me for for the costs of the appliances, or the prorated rent for April (if we really don't have to pay him).

Any lawyers or real estate people here have any advice? Should I just contact a lawyer asap?

as much as I despise them, get a lawyer NOW. This really depends on the laws of your state and some states have some truly bizarre ones.

 

[65fastback2plus2]

So a new real estate company has recent purchased (or obtained?) our home from our previous landlord. We were renting the home and under Lease until late April. (Posted about in this thread
http://cowboyszone.com/threads/any-realtors-need-some-quick-info.316782/

The new company contacted us and said they would offer to pay us to move out by April 13th in a Cash for Keys program. We agreed to this and everything seemed to be fine at this point. We contacted our previous Landlord and he said that's no problem, to let him know when we are moving out and he would prorate our rent for the month of April, and he'd need a day where he can come get the appliances which he said are his (Dish Washer, Refrigerator, etc).

We spoke with the new Real Estate company today to finalize everything and set up our inspection date and they are telling us that the appliances must remain in the house. They said the house is foreclosed and not only must the appliances remain in the house, but also that since they own the house, we are under no obligation to continue paying the guy (since he clearly isn't paying the bank with our rent money). They said if the previous landlord attempts to collect the appliances, that we should call the police, as the bank officially owns the house and the appliances along with it.

What the new real estate company is telling me seems logical, but I don't want to put myself in a position where the previous landlord is coming after me for for the costs of the appliances, or the prorated rent for April (if we really don't have to pay him).

Any lawyers or real estate people here have any advice? Should I just contact a lawyer asap?

not too bad....here's the things you need to know

1) You need to ask for proof that the house did indeed sell. Typically there is an estoppel or notification for you as the tenant.
2) The new owner should have made notification to you that they are now owning and managing it
3) If you have these 2, you should not be making any payments to the prior owner. Period.
4) If you have these 2, you should NOT let anyone remove the appliances from the home.

 

[CyberB0b]

You will not get legal advice over the internet from a lawyer.

 

[Teren_Kanan]

not too bad....here's the things you need to know

1) You need to ask for proof that the house did indeed sell. Typically there is an estoppel or notification for you as the tenant.
2) The new owner should have made notification to you that they are now owning and managing it
3) If you have these 2, you should not be making any payments to the prior owner. Period.
4) If you have these 2, you should NOT let anyone remove the appliances from the home.

We got the notification and such. And have met with the new management company who gave me the same advice you just did.

Guess I will consult a lawyer. At this point I'm just worried about the original landlord coming after me legally, and I'd also like to get my Security Deposit back, since there should be 0% reason for him to deny it since it's not like he owns the house anymore.

 

[burmafrd]

We got the notification and such. And have met with the new management company who gave me the same advice you just did.

Guess I will consult a lawyer. At this point I'm just worried about the original landlord coming after me legally, and I'd also like to get my Security Deposit back, since there should be 0% reason for him to deny it since it's not like he owns the house anymore.

CYA is what you need to do and that means getting a mouthpiece (more polite word for scumbag)

 

[CyberB0b]

We got the notification and such. And have met with the new management company who gave me the same advice you just did.

Guess I will consult a lawyer. At this point I'm just worried about the original landlord coming after me legally, and I'd also like to get my Security Deposit back, since there should be 0% reason for him to deny it since it's not like he owns the house anymore.

If he has defaulted on his mortgage, you may have to get in line to get your money back.

 

[65fastback2plus2]

We got the notification and such. And have met with the new management company who gave me the same advice you just did.

Guess I will consult a lawyer. At this point I'm just worried about the original landlord coming after me legally, and I'd also like to get my Security Deposit back, since there should be 0% reason for him to deny it since it's not like he owns the house anymore.

whats your security deposit? to be honest, probably best to write it off and call it a day. lawyer will cost more. cant get money outta someone bankrupt.

just dont let him in the house, take anything from it while you're there, or send him anymore money

 

[LittleBoyBlue]

So a new real estate company has recent purchased (or obtained?) our home from our previous landlord. We were renting the home and under Lease until late April. (Posted about in this thread
http://cowboyszone.com/threads/any-realtors-need-some-quick-info.316782/

The new company contacted us and said they would offer to pay us to move out by April 13th in a Cash for Keys program. We agreed to this and everything seemed to be fine at this point. We contacted our previous Landlord and he said that's no problem, to let him know when we are moving out and he would prorate our rent for the month of April, and he'd need a day where he can come get the appliances which he said are his (Dish Washer, Refrigerator, etc).

We spoke with the new Real Estate company today to finalize everything and set up our inspection date and they are telling us that the appliances must remain in the house. They said the house is foreclosed and not only must the appliances remain in the house, but also that since they own the house, we are under no obligation to continue paying the guy (since he clearly isn't paying the bank with our rent money). They said if the previous landlord attempts to collect the appliances, that we should call the police, as the bank officially owns the house and the appliances along with it.

What the new real estate company is telling me seems logical, but I don't want to put myself in a position where the previous landlord is coming after me for for the costs of the appliances, or the prorated rent for April (if we really don't have to pay him).

Any lawyers or real estate people here have any advice? Should I just contact a lawyer asap?

If true.

It's simple.

If the appliances are not in your lease. They cannot come after you.

Being foreclosed, you probably want to get out sooner than later .... BUT... they CANNOT just put you out.
The law is STILL on your side.

Don't give another cent for rent. You could probably stay for 3 months rent free. I wouldn't. But you could.

Complain, that it's short notice, inconvenience. Looking for a good place to live etc... Takes time.

 

[Hoofbite]

I'd tell the old owner to arrange a date with the bank. Tell the bank you aren't going to be a security guard so they better come arrange for the locks to be changed.

It's not your mess and I'd stay out of it.

If old owner wants to take the appliances he can bring a signed letter from the bank after the bank has had replacements installed. If the bank wants to keep their appliances they can change the locks.

As for paying, who knows. If you aren't obligated to pay rent, is he obligated to return the security deposit? Who even ensures you get your deposit back if this guy gets pissed about the appliances? The bank will laugh at the idea of giving that money back to you. They didn't agree to it.

 

[EST_1986]

Better Call Saul

 

[Teren_Kanan]

If true.

It's simple.

If the appliances are not in your lease. They cannot come after you.

Being foreclosed, you probably want to get out sooner than later .... BUT... they CANNOT just put you out.
The law is STILL on your side.

Don't give another cent for rent. You could probably stay for 3 months rent free. I wouldn't. But you could.

Complain, that it's short notice, inconvenience. Looking for a good place to live etc... Takes time.

It actually explicitly states in the original lease that the appliances are his and do no transfer to the next owner.

The new owners say if the appliances are removed it's theft. The only way the original owner gets the appliances is if I let him in. Refusing that, I break the terms of my lease that I agreed to originally. But allowing that it seems like the new company could hold me liable. FUUUUU.

Feel like I'm getting shoved in the middle of something I have no fight in, I don't give a crap about his appliances and I already have a new home ready to be moved into on April 1st. Think I'm going to see if I can get some free consultation with a lawyer tomorrow to see if I need to do anything to cover my own butt.

 

[LittleBoyBlue]

It actually explicitly states in the original lease that the appliances are his and do no transfer to the next owner.

The new owners say if the appliances are removed it's theft. The only way the original owner gets the appliances is if I let him in. Refusing that, I break the terms of my lease that I agreed to originally. But allowing that it seems like the new company could hold me liable. FUUUUU.

Feel like I'm getting shoved in the middle of something I have no fight in, I don't give a crap about his appliances and I already have a new home ready to be moved into on April 1st. Think I'm going to see if I can get some free consultation with a lawyer tomorrow to see if I need to do anything to cover my own butt.

Appliances are on lease. Great!
Move out.

Have company verify you are leaving appliances there. Have a witness.

Forget about your deposit, you are easily removed from this fight. Say bye bye,

I wouldn't get a lawyer until needed.

I know a lot of lawyers. I dont what expect to get for free?


It's being foreclosed. Their focus is on that...

 

[Longboysfan]

You need to get the buyout check and cash it.
Then worry about the rest.

 

[LittleBoyBlue]

So a new real estate company has recent purchased (or obtained?) our home from our previous landlord. We were renting the home and under Lease until late April. (Posted about in this thread
http://cowboyszone.com/threads/any-realtors-need-some-quick-info.316782/

The new company contacted us and said they would offer to pay us to move out by April 13th in a Cash for Keys program. We agreed to this and everything seemed to be fine at this point. We contacted our previous Landlord and he said that's no problem, to let him know when we are moving out and he would prorate our rent for the month of April, and he'd need a day where he can come get the appliances which he said are his (Dish Washer, Refrigerator, etc).

We spoke with the new Real Estate company today to finalize everything and set up our inspection date and they are telling us that the appliances must remain in the house. They said the house is foreclosed and not only must the appliances remain in the house, but also that since they own the house, we are under no obligation to continue paying the guy (since he clearly isn't paying the bank with our rent money). They said if the previous landlord attempts to collect the appliances, that we should call the police, as the bank officially owns the house and the appliances along with it.

What the new real estate company is telling me seems logical, but I don't want to put myself in a position where the previous landlord is coming after me for for the costs of the appliances, or the prorated rent for April (if we really don't have to pay him).

Any lawyers or real estate people here have any advice? Should I just contact a lawyer asap?

"So... What's the story Richie?"

 

[Teren_Kanan]

Went to a lawyer.

The new management company is in the right apparently. The appliances are the banks property, and he said we should jump on the Cash for Keys deal. He suggested we go no contact with the previous owner, and give him no more money, and ignore him if he tries to say he's going to sue over anything as his case would have no legs to stand on and it'd cost him more money than he could gain so it's highly unlikely that he would go through with it.

He looked the guy up and basically the guy got the lease on a foreclosed home for like 1200$ from the HOA (0r something like that) and hasn't paid anything to the bank since then. Lawyer said it's a very shady business, but technically legal. Everything we've ever paid him has been pocketed, and as the house is officially not his anymore, we owe him nothing further.

Thanks for the replies guys.

 

[Hoofbite]

Welp, guess I'll delete my post. I typed most of it earlier and by the time I got back to it you had the situation resolved.

 

[Fletch]

Well. Looks like my work is done here. Good talk people.

 

[LittleBoyBlue]

Went to a lawyer.

The new management company is in the right apparently. The appliances are the banks property, and he said we should jump on the Cash for Keys deal. He suggested we go no contact with the previous owner, and give him no more money, and ignore him if he tries to say he's going to sue over anything as his case would have no legs to stand on and it'd cost him more money than he could gain so it's highly unlikely that he would go through with it.

He looked the guy up and basically the guy got the lease on a foreclosed home for like 1200$ from the HOA (0r something like that) and hasn't paid anything to the bank since then. Lawyer said it's a very shady business, but technically legal. Everything we've ever paid him has been pocketed, and as the house is officially not his anymore, we owe him nothing further.

Thanks for the replies guys.

Great. Glad it worked out for you!