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  1. #1

    Default Rental Agreement And Foreclosure In Kansas

    We entered a rental agreement with on 3/10/2007 and on 03/27/2007, we indicated to the landlord that we were no longer interested in renting the property or establish a contract for deed due to the foreclosure proceedings on the property and that the foreclosure wasn’t fully disclosed prior to our signing the agreement.

    The landlord provided information on 3/7/2007 stated that all payments on the property were current and there were no foreclosure proceedings on the property. So, we signed the contract on 3/10/2007.

    However, on 3/26/2007, the landlord stated she received the foreclosure notice at the end of February and that she was 3 months behind on her payments.

    When we signed the contract on 3/10/2007, the foreclosure wasn’t disclosed to us. We had a verbal agreement that we would rent her property for 6 months and would establish a contract for deed after the 6 months. If we had known about the foreclosure proceedings prior to signing the agreement, we would have never agreed to rent the property. It was too risky and we have 4 children to think of.

    We have requested on 3/27 and 4/3 in emails to return our deposit of $1100. She hasn't contact us. I called her today and sent another email requesting this. It is our fear that she will say we owe her rent or demand that we pay for 6 months of rent.

    Will she be able to sue us for the 6 months of rent and what rights do we have requesting our deposit back?

    We sincerely believe that she went into this contract to get our deposit money to pay off her debt and had no intentions of letting us do the contract for deed.

    Please advise.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Rental Agreement & Foreclosure - Kansas

    The property is currently in foreclosure? Is a sale date scheduled?

  3. #3

    Default Re: Rental Agreement & Foreclosure - Kansas

    She said she's trying to get a loan so that it won't go into foreclosure but she has made other statements such as it wasn't going to happen. There is no sale date that I'm aware of but we've been lied to so many times that we're not sure where the foreclosure is.

    She stated that we would get our deposit back last week and I called several times trying to make arrangements for it. She wouldn't call back. I finally reached her this morning and she stated that she needs to get a loan to pay us back even though she told us that she had the money the week before.

    We sincerely believe that she has lied to us to get us to sign the contract to get our deposit and then bailed out by saying she was in foreclosure and has been for several months. Knowing we wouldn't take the house if it was in foreclosure. Who wants to rent-to-own a house that's in foreclosure?

    Before we signed we asked her and she said the payments were current and that there was no foreclosure proceedings. She LIED to us and we signed the contract under the assumption we would be renting-to-own this house in six months.

  4. #4

    Default Re: Rental Agreement And Foreclosure In Kansas

    We just found out that she already renting the place and the other tentants are moved in.

    I talked with her and she stated that she will get me the deposit after she gets her loan. When I talked to her, she seemed to dismiss me stating after the loan comes through.

    Do I have grounds to get my money back?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Rental Agreement And Foreclosure In Kansas

    I would go over to small claims court and file a complaint.

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