Question:
My daughter calls me tonight and said her landlord came by at 9:30 pm. tonight wanting their rent money and said house maybe going to foreclosure if he didn't make payment. She ,her husband and his brother have leased this house out together since last November. Landlord just gave them a copy of the lease agreement last month ;they've been for 9 months. Also landlord didn't sign their copy of lease agreement.What rights do they have here. How will they get back their deposit and what if they pay the rent and it still go's to foreclosure. Both work , they don't need to come home to find their things on side of the road because the landlord isn't making the payments. This is for state of Ga , I 'm sure each state has different laws on this. How can she find out what is going on with the house foreclosure? It's not in public records yet so it's the Mortgage Co. that is warning landlord. He must be 90 days late. If she can locate Mortgage Co. will she be able to get info. from them
Answer:
Foreclosure of a house by the landlord's mortgagee bank is normally subject to valid leases in force. If your daughter pays the lease money and can prove it, the bank -- if it forecloses -- takes subject to her rights, including the deposit.
Lease deposits are normally (by law in the various states) kept in a separate account and the court will rule on custody and control of that account.
The County Clerk will have a record of the mortgage lien on the property. That will probably not show who manages the mortgage and collects the money, or (assuming the mortgage has been sold on as most are) who holds it now.
Leave a note on her door giving a cell phone number and stating that she has paid up her rent. It may be helpful, or perhaps not.
If your daughter does not have a valid lease because she does not have a copy signed by the landlord (and/or vice versa) then she is a tenant at will, from month to month and can be evicted with one month's notice.
I know of no place where a tenant can be evicted without notice and without the right to attend a hearing and prove her rights. But often landlords, mortgagees, and their lawyers lie. Your daughter should keep a diary of all her conversations and other events, including payments. She should save all receipts carefully. And keep copies in a safe location outside the house, perhaps at your place!
My advice is to call the Tenants Union in your area or the Attorney Generals Office.
Both organizations can give you free advice and point you in the right direction.
Good-Luck!
You're daughter needs to start making moving plans.
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