The home I rent in foreclosure. What to do?
My husband and I rented our home in July of 2007. We have paid 1,400.00 dollars a month faithfully, never late. We just found out after flyers coming to this home and a little investigating, that their has been a Notice of Default, Substitution of Trustee, and an Assignment of Rents filed with the County Recorder's Office against my landlord. We also found out that our Landlord has not paid her mortgage since May 2008 and here we are in November. She is 9,222.00 dollars behind. What really bothered us was that she didn't even call and let us know what was going on with the home, at least to let us know she is having a little trouble and we may need to move. When my husband called her and confronted her she denied knowing that she had defaulted. Then she admitted being behind 2 months. Finally she said "ok I will be honest, I am behind 3 months". We know for a fact that she has not paid in 5 months. She claims that she has been sending our rent to the mortgage company every month but if so how is she behind 9,222.00 dollars? We have no idea what to do. We read up on what an Assignment of Rents is and now we are scared to give her the rent in fear the bank may come asking for it. She lives out of town and promised when our year lease was up in July 2008 to come do a new one but never showed up, so now are we on a month to month? I know I need to pay my rent and I have every penny of it sitting in a money order but I just don't know who it goes to. I am also worried about my 1,600.00 dollar deposit that I am sure I will never see again. We also found out that the home will be going up for auction on Febuary 4th. We got some advice from an attorney who told us to hang onto our money and let her serve us with a 3 day notice to pay rent or quit. She said at that time to ask her to see proof of ownership before giving her another penny. I realize her financial situation is none of my business but I also have to look out for my family. I can't continue to give her 1,400 dollars a month while she has fun at the casino and has no intentions on saving her home.
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