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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
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Experience:  B.A.; M.B.A.; J.D.
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Is a month to month tenant who is not current on her rent covered under the federal tenan

Resolved Question:

Is a month to month tenant who is not current on her rent covered under the federal tenant protection act when facing an eviction or its appeal


I was served with an eviction notice and had to defend myself as the judge continued the hearing for only 5 days. Thus I could not obtain counsel. . A judgement was awarded for FNMA, the plaintiff. The judge ignored the tenant protection act and my letter of validation (per Fair debt collection act). I did not bring my original lease with me which is now month to month. Nor did I bring the letter from the property manager advising us to start paying the landlord directly. They filed BK which delayed the foreclosure sale to this past June. The FNMA broker is claiming that a letter was taped to the door and a photo dated as notice for us to move. The date claimed by the broker under oath was off by a month and in fact the FNMA notice/letter was posted a week before the trustee deed was actually recorded at the recorders office.
Submitted: 3 years ago.
Category: Legal
Expert:  Phillips Esq. replied 3 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


Question: Is a month to month tenant who is not current on her rent covered under the federal tenant protection act when facing an eviction or its appeal

Response: No. If the property has been foreclosed and you have received a notice to start paying your rent to the new owner, if you do not pay the rent, the new owner can file eviction action against you regardless of the federal law, “Protecting Tenants at Foreclosure Act of 2009,” which requires that the new owner gives you 90-day notice to vacate the premises. The law is for those instances where the lender forecloses and immediately the new owner wants the current tenants to move out. It does not apply when the new owner wants to retain the current tenants and then asks the tenants to start paying rent to the new owner and the tenants fail to pay the rent.

I was served with an eviction notice and had to defend myself as the judge continued the hearing for only 5 days. Thus I could not obtain counsel. . A judgement was awarded for FNMA, the plaintiff. The judge ignored the tenant protection act and my letter of validation (per Fair debt collection act). I did not bring my original lease with me which is now month to month. Nor did I bring the letter from the property manager advising us to start paying the landlord directly. They filed BK which delayed the foreclosure sale to this past June. The FNMA broker is claiming that a letter was taped to the door and a photo dated as notice for us to move. The date claimed by the broker under oath was off by a month and in fact the FNMA notice/letter was posted a week before the trustee deed was actually recorded at the recorders office.


Response 2: If you received the notice before the Trustee Deed was recorded, the eviction notice is invalid. The eviction process needs to be started over again because the new owners cannot give you notice to move when they do not have legal title to the premises. You need to make the Judge understand this in your appeal.

Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 13000
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Attorney Phillips

Thank you for your fast reply.

Since the Corporation of Assignment to FNMA was recorded on June 6, 2011 but the Trustee Deed from Recontrust to FNMA was not recorded until June 15 that is grounds for appeal (as the letter from FNMA was posted on our door on June 9), correct?

Also I just realized the trustee deed was stamp dated 06/13/11 but the signature has a date of June 14 next to it. The notary notice/jurat says that the signing party appeared on June 14th. Is this additional grounds for appeal?

Thank you and have a great weekend.
Expert:  Phillips Esq. replied 3 years ago.
Attorney Phillips

Thank you for your fast reply.

Since the Corporation of Assignment to FNMA was recorded on June 6, 2011 but the Trustee Deed from Recontrust to FNMA was not recorded until June 15 that is grounds for appeal (as the letter from FNMA was posted on our door on June 9), correct?


Response 1: That is correct.

Also I just realized the trustee deed was stamp dated 06/13/11 but the signature has a date of June 14 next to it. The notary notice/jurat says that the signing party appeared on June 14th. Is this additional grounds for appeal?


Response 2: No, so long as the deed was signed and notarized the same day, the deed is fine.

Thank you and have a great weekend.

Response 3: Same to you!
Customer: replied 3 years ago.
Attorney Phillips

Since the trustee deed was recorded a week after it was posted on our door, my opinion is that it is not valid either so a new notice should be issued. So that would give us coverage under the Tenants Rights protection act to stay another 90 days if we so choose.

Thank you
Expert:  Phillips Esq. replied 3 years ago.
Since the trustee deed was recorded a week after it was posted on our door, my opinion is that it is not valid either so a new notice should be issued. So that would give us coverage under the Tenants Rights protection act to stay another 90 days if we so choose.

Response: No, the 90-day notice does not apply if you are late on your rent and are being evicted for non-payment of rent. It only means that a new eviction notice to pay rent or vacate the premises must be given to you. The 90-day notice would only apply if you are being asked to vacate the premises because the new owners want you out and not because you did not pay your rent.
Customer: replied 3 years ago.
Attorny Phillips

I understand you, we are entitled to a new notice and should be able to stay 90 days if we pay rent.

thank you
Expert:  Phillips Esq. replied 3 years ago.
You are quite Welcome!
Customer: replied 3 years ago.
Attorney Phillips,

Quick background: Supposedly a new "ownership/move or rent" notice from FNMA dated June 8 was left on our door on June 8 or 9. The Corporation Assignment of Deed of trust from Recontrust to FNMA was signed June 6 and recorded June 9. The Deed of trust was signed by FNMA June 13, notarized June 14 and recorded June 15.

Yesterday, a local attorney told me on the phone that propery ownership transfers when the trustee deed is signed and not when it is recorded. If that is true would it negate the need for the plaintiff to issue us a new "ownership notice" asking us to pay rent or move. Can we still appeal and are we entitled to Federal Tenants protection act?

Thanks


Expert:  Phillips Esq. replied 3 years ago.

Quick background: Supposedly a new "ownership/move or rent" notice from FNMA dated June 8 was left on our door on June 8 or 9. The Corporation Assignment of Deed of trust from Recontrust to FNMA was signed June 6 and recorded June 9. The Deed of trust was signed by FNMA June 13, notarized June 14 and recorded June 15.

Yesterday, a local attorney told me on the phone that propery ownership transfers when the trustee deed is signed and not when it is recorded. If that is true would it negate the need for the plaintiff to issue us a new "ownership notice" asking us to pay rent or move. Can we still appeal and are we entitled to Federal Tenants protection act?

Response: I disagree with the local attorney. Without recordation of the trustee deed, the new owner does not have the right to give the eviction notice. Eviction notice must be served again. See Idaho Statutes Title 55 Chapter 8 Sections 55-811 and 55-812.

Kindly note that this is my final response to your post.

http://www.legislature.idaho.gov/idstat/Title55/T55CH8.htm


TITLE 55
PROPERTY IN GENERAL
CHAPTER 8
RECORDING TRANSFERS
55-811. Record as notice. Every conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law, from the time it is filed with the recorder for record, is constructive notice of the contents thereof to subsequent purchasers and mortgag(e)es.
Every conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law, and which is executed by one who thereafter acquires an interest in said real property by a conveyance which is constructive notice as aforesaid, is, from the time such latter conveyance is filed with the recorder for record, constructive notice of the contents thereof to subsequent purchasers and mortgagees.


TITLE 55
PROPERTY IN GENERAL
CHAPTER 8
RECORDING TRANSFERS
55-812. Unrecorded conveyance void against subsequent purchasers. Every conveyance of real property other than a lease for a term not exceeding one (1) year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded.




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