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  1. #1
    Join Date
    Aug 2009
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    2

    Default Previous Landlord Under Pre-Forclosure Will Not Return Security Deposit

    My question involves a security deposit in the State of: FLORIDA

    I moved out over a year ago. I have only dealt with the property manager on the leasing of a private home. (The owner lives in Columbia) I gave proper notice and property manager walked the home and there were no damages. Forwarding address was given to receive the security deposit. I contacted the property manager 31 days after move out and was told "we have not re-rented the home yet and need to do so in order to issue a refund". Six months passed and he would not return my calls. I had two deaths in my immediate family both out of town, mother and grandmother so contacting him took a back burner with traveling and everything. I contacted him again yesterday and was told "I have not been in contact with the owner for over a year", "he is out of jurisdiction in Columbia", "I cannot re-rent the home unless the homeowners association and the bank is paid as the home is in pre-foreclosure". It has been a year since I moved out - where is my money. This property manager has sold this owner over 4 homes and has done the re-financing on all of them as well as the mortgages (his wife is a real estate broker and he is a mortgage broker) I know he has a way to contact him - What can I do - I am owed $2,400.00 - there has been no notice to impose claim - and the emails that we have exchanged there is no mention of him keeping our security deposit or even a portion - just that the owner is out of jurisdiction and in Columbia. He was in Columbia when I rented and the property manager was the liasion and accepted payments each month on time from me to the owner and now I feel cheated by all of them. What can I do?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Previous Landlord Under Pre-Forclosure Will Not Return Security Deposit

    Do you mean Colombia? Do you know if the owner has any U.S. assets? Who does your lease identify as your landlord - the individual or the management agency? Do you know if and where the security deposit was escrowed?

  3. #3
    Join Date
    Aug 2009
    Posts
    2

    Default Re: Previous Landlord Under Pre-Forclosure Will Not Return Security Deposit

    Quote Quoting Mr. Knowitall
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    Do you mean Colombia? Do you know if the owner has any U.S. assets? Who does your lease identify as your landlord - the individual or the management agency? Do you know if and where the security deposit was escrowed?
    Yes, he owns a total of four homes in Florida all bought through the property managers wife (real estate agent) and all four homes mortgages were handled through the property manager (he is also a mortgage broker). After he purchases the home he then hires our property manager to collect rent and manage the properties as he lives in Colombia. Yes, the lease identifies the owner as the landlord and the property manager as who collects rent. I have no idea as to where the security deposit is escrowed the lease only states funds will be held in a non interest bearing account.

    Because of all of the above, I know that the property manager knows where he can contact him and even if he didn't he knows the last known address etc. I have never had any contact with the owner, all payments of rent, repairs ets were done through the property manager. This is a private home so any repairs were vendored out etc. This one particular home (if it is true at all) may be in pre-forclosure but what about the other three homes that he helped the owner get. Now the property manager is being vague as to his whereabouts. I know of the three other homes in Miami because the property manager mentioned them before to me in passing.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Previous Landlord Under Pre-Forclosure Will Not Return Security Deposit

    It sounds like your recourse (unfortunately) would be against the landlord, not the management company. I say unfortunately because it appears he's out of the country, not very solvent, and is apparently letting his properties go into foreclosure. At the same time, if there are other properties owned by this person that are presently being rented, you should be able to garnish the rent revenue that presumably is going through the hands of the property manager. So I would be thinking about small claims court, and hoping that service could somehow be effected without having to use a process server in Colombia.

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