Wednesday, August 11, 2010

Unwitting Tenant Evicted From One, Faces Boot From Another Home In F'closure w/in 6 Months; Loses Cash Paid For Home Repairs In Bogus Rent To Own Deal

In Reno , Nevada, The Reno Gazette Journal reports:
  • In just six months, Stephanie Williamson was evicted from one home that she was renting, and she is about to be evicted from a second. Both of the Reno homes Williamson rented were foreclosed on. “As a single mom with two boys, I don’t exactly have all this extra income to be shelling out deposits,” Williamson said.

***

  • Williamson’s first rental was a lease-to-own, and the 39-year-old thought she’d found the perfect spot for her family. She and her two sons were settled on the quiet cul-de-sac and friendly with neighbors. A garden was starting to flourish. But when she finally learned her landlord had been skipping mortgage payments for nearly a year, Williamson’s life was uprooted.

  • Despite investing in multiple home repairs, Williamson was forced to pack everything up and move across town in March.(1) Her children changed schools, leaving their friends behind. She found a new home through a property management company and thought she would be safe. But she wasn’t. Just three weeks after she moved in, before everyone finished unpacking, she found a notice of default taped to her door.

***

  • Though she hasn’t been formally evicted yet, Williamson said she’s “playing the waiting game” in a house that hardly looks like a home, because, “I don’t want to bother putting up pictures if I’ll just be taking them down in a few weeks.” “I’m just waiting for someone to come knock on the door and tell me to move out,” she said.

For the story, see Growing number of renters displaced (Legislation helps foreclosure victims assert their rights).

(1) While not to suggest that these methods of dealing in real estate are in any way nefarious in and of themselves, "rent to own" deals and sales pursuant to what are referred to in different parts of the country as land contracts, contracts for deed, agreements for deed (among other names) have long been used as handy ways for unscrupulous property owners to milk every last dollar out of a property with significant legal problems (ie. homes in foreclosure, homes with a defective title, building/health code violations, encroachments, improvements made without proper permits, etc., etc.) by unloading them on unsophisticated home buyers/tenants who fail to obtain title insurance or otherwise fail to check the legal status of the property being bought or rented.

Nowadays, it's gotten to the point where a prospective tenant can't even enter into a standard one-year lease without first checking the title history (and possibly obtain some evidence as to the fair market value of the property in the case of a 1 to 4 family home or condo) for the property being rented to see:

  • that the prospective tenant is dealing either directly with the property owner or someone with proper authorization to act for the owner,
  • that a foreclosure notice (ie. a lis pendens or a notice of default) hasn't been filed against the property, and
  • if a foreclosure notice hasn't been filed against the property, how far "underwater" the landlord is on the property being rented (the more "underwater" the landlord is - the greater the chance he/she will begin pocketing the rents and stiffing the bank out of its mortgage payments in the future - assuming, of course, he/she hasn't already started doing so).