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  1. #1

    Default Landlord Apparently Going into Foreclosure

    My question involves landlord-tenant law in the State of: Texas

    For the past 4 months, or so, there has been UPS overnight mail coming to the Landlord from Chase Bank. I kept giving them to the Landlord, however, they never appear to stop being mailed at my house. Then in Nov 2011, a letter was left on my door on a Sunday addressed to the landlord - so I gave it to them. Then in December 2011 another letter was stuck on my door with no name on it - so I opened it cause I thought it was for me (wasn't addressed to anyone and just blank). It was from a collection company working for Chase Bank saying they are notifying them of being past due (about 4 months) and need to fill out paperwork.

    This month another letter was placed on the door (on a Sunday) addressed to the landlord again. Now this week a certified letter -pick up slip- was in the mailbox for the landlord from Chase. I called the landlord and told them and he said leave it in the mailbox and he will pick it up in about 30 mins to an hour. The next day (when I woke up) it was gone. so I figured they picked it up. Today - either the same slip - or another certified slip was in the mailbox again.....

    Too me, one problem is - is the landlords actually live in Peru. They are here in Texas, but will be leaving again soon. Their nephew is the one collecting the rent. I am afraid that this house is very near to forclosure and I won't get my deposit back (lease ends in April).

    Does the certified mail usually say this house is in forclosure?
    Since I know they will not give my deposit back April I don't want to pay rent since I have to move (if the house isn't in forclosure already). Bad idea?

    What does the certified letter usually mean?

    Thanks

  2. #2
    Join Date
    Sep 2005
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    Default Re: Landlord Apparently Going into Foreclosure

    I can't speculate about what is in sealed envelopes I've never seen, but it stands to reason that if the landlord is behind in his payments he is at risk of foreclosure.

    As long as he owns the house, though, you owe your rent to him.

  3. #3

    Default Re: Landlord Apparently Going into Foreclosure

    I understand that noone can speculate what's in the sealed envelopes, however, how does one find out if the landlord still owns the house when it comes to rent payment time. When the first arrives and the landlord shows up at the door and asks for rent - I really don't want to give the money to someone that doesn't own the house anymore..... It's sad that the renters are always the last to know.

    Thanks

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: Landlord Apparently Going into Foreclosure

    You'll plenty of notice if they are selling the home due to foreclosure. It will be posted and almost certainly the new owner will let you know that they want the money.

  5. #5

    Default Re: Landlord Apparently Going into Foreclosure

    thank you for the reply.... It is my understanding that if the house sells.... then the new landlord must give 90 day notice (in Texas) that they plan on either living in it or wanting to sign new lease (since this lease is not agreed with them and only first landlord), however, my fear (and I am sure with a lot of people in the case) is having to pay the present landlord a good amount of money on the first, when they in fact don't own the house anymore.... If the house is considered foreclosed by the bank - then at that time - the landlord is not the owner and has no right for the rent money.

    The bank will not tell me anything, which is right for confidentiality reason, and Dallas County website might not be updated or have the property for sale. Just curious now if there is any way to find out if it is in foreclosure - since it appears tenants are always the last to know.

    Thanks for your replies.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Landlord Apparently Going into Foreclosure

    It's federal law. You get 90 days minimum (if they chose to occupy) otherwise your lease with the original landlord continues to be valid. As I stated, you'll know when the date of the sheriff's sale is. You don't need to worry about that too much. There's no need for you to sign a new lease, the old one is STILL binding on you with the new owner (same as if the house was sold without a foreclosure).

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