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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16387
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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Situation: family of 4 renting a home in antelope valley. 16

Customer Question

Situation: family of 4 renting a home in antelope valley. 16 months ago the landlord says she has to sell the house please prep for showing and possibly moving if the new buyer intended on living there. We did. It turned my family upside down. She later said she was going after a mortgage mod and we were good for years. Earlier this summer it happened again. We weren't in the position to buy the house but lined up cosigners and money from everywhere to go for the purchase. The asking price was a little high and soon found out its because she defaulted on a equity loan and after 20 years of her owning the house she still owed more than the total value of the house. We agreed to go thru with everything in order for her to escape clean without a foreclosure and without owing the bank a dime. A great deal for her and we didn't have to move from our school district and home. Now after getting in to escrow and having some major repairs needed to the house for FHA the sale fell thru because even more has added up in penalties that she can't pay. So foreclosure or short sale . We once again agree to keep from moving. Short sales take time and my plan is to save some money in order not to empty everything I have and borrow from many people . She has now during the process demanded rent. Not so she can pay the bank or do repairs but as income. Where do we stand?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

I am not permitted to tell JustAnswer.com what to do in their specific situation or list all of the legal rights that might potential apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.

I can however, provide you with a general answer, if you have a legal question for me?

Thank you.

Customer: replied 1 year ago.
Do I legally owe this woman money during this process?
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

While I cannot comment on your specific case, generally, as long as, the rental property is owned by the current owner, the tenant would owe rent to the current owner, regardless of the owner's situation with the mortgage company.

However, if the landlord fails to make necessary repair to the rental property within reasonable time from a written request by the tenant, then tenant can file a lawsuit against the owner / landlord for breach of lease based on the implied warranty of habitability and once the case if filed, then tenant will be able to deposit rent payments into court's registry, until the matter is heard and resolved by the judge.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex Esquire replied 1 year ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

Customer: replied 1 year ago.
I knew I was asking a difficult and very circumstantial question. The bot***** *****ne is the very fact that exists. It doesn't seem right on a good human level butt that can be said about a lot of things in this world we live in. I appreciate your professionalism and thank you very much. I apologize for the delayed response.
Expert:  Alex Esquire replied 1 year ago.

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.

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