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I had signed a 1 yr lease to purchase agreement with a real estate agent/landlord
Olympia, WA
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Posted 2 months ago in Landlord / Tenant
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I took possession of the home in Aug, 3 mos later Oct, landlord went into default, I recieved a NOD from the trustee company then few mos later NTS, my contract is for 1 yr, landlord stated she is applying for a home modification loan declaring this home her primary? does this mean she breach the contract? and that if need be, she does have 40K in the bank? I pay 1800 a month, I am so stressed out with this leaving me without a home. Where do I stand?
Answers (3)Elizabeth Rankin Powell
This attorney is licensed in Washington.
Posted 2 months ago.
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Oh, boy. This doesn't just mean your landlord is in breach, it means she's trying to use you as an accomplice to defraud her lender. As a bona fide tenant you are entitled to 60-days notice before you risk being evicted. I won't ever advise anyone not to pay rent, but . . . the problem is you may never be compensated for your landlord's breach. If she's so broke she isn't using your hefty rent payment to pay the underlying mortgage it is highly likely she could bankrupt out of any debt a court could decide she owes you. This could be considered equity - skimming.
If this is really a lease/option and you have excercised the option and are paying on a contract, I would strongly recommend that you contact your landlord's licensing board if she is a realtor to report what is happening to you. Melissa Huelsman in Seattle may be able to help or give you a referral. Elizabeth Powell John Donald Sullivan
This attorney is licensed in Washington.
Posted about 1 month ago.
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I agree with Ms. Powell. You do not want to be a party to fraud.
Also, recent changes in state and federal law give you more protection as the tenant when foreclosure occurs. As Ms. Powell said, under STATE law, you now have 60 days (instead of 20) to vacate. In addition, the federal Protecting Tenants in Foreclosure Act trumps state law applies. Under this law, a tenant in residential property that signed a lease before the notice of default is entitled to remain until the end of the lease term, plus the landlord must give 90 days notice if they won't renew the lease. This includes month-to-month agreements. You should consult an attorney about your specific situation. PLEASE BE ADVISED: This answer and any information contained herein is not intended to be treated, and should not be construed, as legal advice. Rather, this answer is offered solely for general information purposes. This answer does not create an attorney-client relationship, nor does it create any kind of legal relationship, duty, or privilege. This attorney is licensed only in Washington. Shawn B Alexander
This attorney is licensed in Washington.
Posted 5 days ago.
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I agree with both previous answers and you would be well served to get in contact with the lender and verify the status of your landlord, in addition you may be able to negotiate a deal with them due to her deafult. Find a lawyer near you to help protect your rights.
Good Luck |