Landlording And Other Aggravations

Here's the gripping story...

You are the landlord of a small apartment building that you are offering for sale. You find a buyer and a sale is arranged.

The tenants learn of the sale and ask if theywill be forced to move. How do you answer?

You explain that it depends upon the leaseagreement. If the tenant signed a leasethey have the right to remain in the unitat least until the end of the lease... longerif the new owner agrees.

In many cases the tenant signed a lease andremained after the lease term ended. At thatpoint their occupancy became a month to month tenancy.

A month to month tenancy can be terminatedmerely with the landlord giving notice to thetenant. The length of the notice may begoverned by state law, but a 30-day notice iscustomary.

In another situation the tenants learned that the apartment owner was in default on his monthly mortgage payments and the lender had begun aforeclosure action.

All the tenants had time remaining on their apartment leases and they had no intention of moving.

Bad news for the tenants... real property foreclosure law states that junior liens and leases are extinguished by a foreclosure.

This means tenant leases do not have to be honored by whomever buys the property at the foreclosure auction.

The tenants will receive due process by receiving a notice to vacate and if they don't move they will face an evicton lawsuit.

About The Author

Mark Walters is a real estate investor and author. His published works can be found at his web site: http://www.CashFlowInstitute.com

More than 40 states signed onto a proposed $25-billion deal with major mortgage servicers over faulty foreclosure practices. New York, Nevada and Delaware joined California in holding out for better terms.

More than 40 states signed onto a proposed $25-billion settlement with major mortgage servicers over faulty foreclosure procedures, but California, New York and other key states were still not among them.

California has until Monday to share in a multi-state deal with banks to obtain mortgage relief and reforms. Atty. Gen. Kamala Harris, who walked away from talks last year, says the door remains open.

With a Monday deadline at hand, California officials have resumed direct talks with the Obama administration about joining a multibillion-dollar, multi-state mortgage settlement with the nation's largest banks, a source said Sunday.

The talk show host pays $12 million for the 4,088-square-foot house with four bedrooms and four bathrooms. The ocean-view home sits on 1.26 bluff-top acres with beach access.

In one of the more talked-about transactions in town, actors Brad Pitt and Angelina Jolie have sold their Malibu beach house to daytime host and comedian Ellen De Generes for $12 million.

The four-bedroom, five-bathroom house built in 1920 for industrialist James Wigmore lists for $2,875,000.

A decorative cast stone entrance opens to this restored Spanish Colonial Revival-style house in Pasadena's South Orange Grove area. Built in 1920 for industrialist James Wigmore, the house retains such original details as coffered wood ceilings and arched doorways.

They don't believe they can sell their property for what it's worth, so they're spending money on making their homes more comfortable.

Do you fit any of these descriptions?

A biennial research report by the National Assn. of Realtors indicates that a handful of real estate agents and brokers and their clients either don't know the law or don't care to follow it.

When it comes to lawsuits, real estate agents and brokers tangle mostly among themselves.

The president aims to help about 3.5 million people with good credit who are unable to refinance at historically low rates because their homes are worth less than their mortgages.

 

The White House hopes to help millions of homeowners lower their monthly mortgage bill with a $5 billion to $10 billion plan to set up a streamlined refinancing program for people who are current on their payments.

The Standard & Poor's/Case-Shiller index of 20 large U.S. cities fell 1.3% in November from October as foreclosures continue to drag down the housing market.

Three straight months of home-price declines in the biggest U.S. cities showed that foreclosures remain a significant drag on a housing market that is entering its fifth year of deterioration.

L.A. Clipper Chris Paul may be quick down the court, but he moves pretty fast when it comes to buying multimillion-dollar real estate too.