[Circadian Rhythm]

FORECLOSURE, OWNER SAYS HE'S IN SHORT SALE W/LOAN MODIFICATION? I am a full time student; I have been living in FL, for almost a year. It seems my landlord is taking money for rent on his condo that is what I believe is in foreclosure. A month or so after I signed my lease I received a packaged, inside it said, “Motion For Summary Final Judgment Of Foreclosure And Taxation Of Attorney’s Fees And Costs.” The owner/landlord says, it is not a foreclosure; they are in a loan modification with short sale. It seems to me as an attorney negotiates with the bank the owner/landlord is taking my rent and not applying it to the mortgage or HOA fees. The mortgage will not be paid so the owner will keep the money, while the attorney is negotiating the short sale. If the attorney gets the sale date held off for an extra, let’s say 10 months, then that would be $13,000 for the owner/land lord at 1300 a month. 7 months into my lease, the Association put a letter on my door in regards to the landlord/ owner in delinquent in HOA fees. If this weren’t handled in 10 days, I would be ordered to pay my rent to the Association. I demanded he handle the situation, and he did over the curse of two or three days. He told my Realtor he paid in full and extra, I was told he paid a tiny amount by the Association and still owes a grave amount. It was agreed that a temporary life on my denial of amenities would happen, but I was still denied amenities for a course of about two weeks because the owner was delinquent on his HOA fees. My amenities have been restored, but I believe that my rent following that month should be reduced. The owner doesn’t want to reduce two weeks worth of denied amenities from my rent, so I am refusing to pay. I shouldn’t pay for something I cannot use. It also seems the bank does not know I am living here, the Association never received an application for me to live here, he told them I was a relative, and when they found out I was paying rent…they decided to let me stay since I was so deep into my lease. Is there a law against what he is doing? I have no idea what to do. I am going to meet with a layer tomorrow, but, is there anything illegal that he is doing? Is my lease even valid? I found out about this Motion For Summary Final Judgment Of Foreclosure” by accident, but he says it’s a short sale w/loan mod. I looked him up in the public records, it states Lis Pendens was filed in 2009, Motion for Summary in 2010. It’s 2011! He purchased in 2007, for $237,000 and his current balance is $230,673.84 not including taxation of attorney fees, this was in one of the packages I received, in addition to the public records. I have 2 months left on my lease.1. Can he have a lease agreement with me after he is in default and knowing he is in foreclosure; take my money and not pay mortgage or HOA fees in the state of Florida? 2. Also, is my lease null & void, since I never went through the Association application process (I thought they submitted my info, I gave them my credit report, s.s., etc). 3. Has he breached the lease since he was delinquent on the HOA fees? He refuses to reduce the rent for the month I was denied for 2 weeks on amenities.What do I do!? I have finals coming up this week, I don't need these problems...yeesh.Thanks for the answers, I will still see the lawyer tomorrow.And, what about the reduction for the 2 weeks that I lost usage of my amenities? I paid full for that month, my rent includes my amenities. Am my even allowed that by law? I paid for a full month of something I ended up being denied for two weeks because of his delinquency status. I just want a small reduction for one month...In the Florida Statues, which the Association mentioned to me, they stated I am forced to pay them if he doesn't relieve his delinquency. This is a law passed maybe a year or so ago. So I am caught i the middle in regards to his HOA issues in Florida.Yes, the lease states that he is to cover the HOA fees. This is what it states, if I am wrong then ok, this is why I am asking. There is a section for Maintenance, then after there is this section: "Elective Maintenance: Landlord will be required to take care of that item (or can assure that the Association takes care of the items if the premises are located in a condominium.) I am responsible, I am not stealing or trying to steal, I pay all my bills on time and even early. This an unfortunate situation, I am just seeking advice. I appreciate it thank you.UPDATE: I SPOKE TO MY REALTOR AND A LAWYER, THE LANDLORD/OWNER BREACHED THE LEASE AGREEMENT BY FAILING TO PAY HOA FEES AS AGREED IN THE LEASE. WE ARE FORMALLY PRESENTING ALL THIS INFORMATION TO HIM, TO GIVE HIM THE OPPORTUNITY TO REMEDY. AND PROVIDE ONE MONTH OF REDUCE RENT TO COMPENSATE FOR PAYING IN FULL FOR SOMETHING I WAS DENIED USE FOR 2 WEEKS. IF HE DOESN'T I CAN TAKE HIM TO COURT (BUT I REALLY DON'T WANT TO) . THANKS FOR ALL THE ADVICE GUYS!!

[Here's to You!]

1, Yes, his rental income has nothing to with his mortgage and HOA fees. If the property goes back to the bank, or is solda, your lease stays with the property and is transferred to any subsequent owners.2. No3. No, the situation was remedied within a reasonable lenght of time.However, keep your appointment with the attorney.Good luck