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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Question Renters In Foreclosed Home Landlady Attempting Fraud

    We are renting in California, have a lease that is up in May 2008. Just before x-mas we were informed the home had been foreclosed on. The landlady assured us this was a mistake and not to worry. I began investigating on my own which when confronted with new information the landlady grew more and more uncooperative and was harder and harder to contact. The bank served notice not to pay anymore rent and have given us 30 days to move. The landlady (who's own home is also sched. for a trustee sale 1/31/08) told us to contact her "lawyer". We did, he is not a lawyer he calls himself a fiduciary. Long story short, they are attempting to gain possession of both properties by way of a "loop hole" that boarders on the fraudulent if not is out and out illegal. Our landlords are not wanting to give us our deposit e back stating we owe them January rent and HOA fines that they have not even paid. I thought about threatening to expose their "loop hole" activity to the bank currently foreclosing on their second property, offering my silence for the immediate return of our deposit. Any thoughts?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Renters In Foreclosed Home Landlady Attempting Fraud

    The bank is the new owner of the property. Do as the notice says - stop paying rent, and get out of there.

    Your former landlords do not have claim to January rent - they are no longer the owners of the property and your lease is void.

    California law requires that your security deposit be returned to you within 21 days of moveout. The California Courts Small Claims Self Help Center offers help writing a letter demanding your deposit back. They also note that if the landlord keeps your deposit in bad faith, you are entitled to sue for the deposit amount, plus twice that amount for damages. (Scroll down to "Does a security deposit have to be returned?" and read from there.)

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