Landlord filed Bankruptcy Chap. 7 in CA has rental in FL in Forclosure Stay Lifted

[renter314]

I am a tenant living in a home for almost 4 years .
The Landlord lives in California.
In Feb 2010 I received documents via sheriff stating the Landlord was in default since October 2009.
In March the Landlord filed Bankruptcy
Ironically in June he emails me with a different bank account (BofA) to deposit rent checks into..all the time never telling me anything until I confront him via email in July when I get a Lender Rep wanting to change locks because he was told no one lives there (thus..can not pay the mortgage) So then he began telling me he is only trying to modify a loan...NOT... he paid 235,000 got a 100% loan (investment home in FL HOA community) now going for about 70,000.
I think the change in bank accounts was to avoid reporting income?
I continue to give him his $1000. a month..But now I received documents from attorneys for Bof A stating the Stay is lifted. I also received a letter saying his bankruptcy is done...how long do I pay this guy before the Lender steps in and I can pay them?
The Landlord avoids answering any of my emails and I even suggested how will I get back my $2000. security?
I would like to be ahead of his game and get my money back before he is not responsible and I am without moving money I am a single woman.

[drowning123]

Errrr. . . ahhhh, you may be in the wrong forum. Don't take this the wrong way. This forum is for folks in bankruptcy just like your landlord, not that we would do anything shoddy like that.

I think it's best you find a new place to live. Why would you want to pay the bank. The bank will eventually sell the house and who says the new owner wants a tenant?

[SMinGA]

Sounds like he is surrendering the house to the lender - but when that will lead to foreclosure is anyone's guess. If I were you - I would not make any more payments. Save that money to move - though once the FC happens you should have 30-90 days (depending on whether or not you're on a lease or month to month) to move.

[SMinGA]

ps-Modifications can happen after bankruptcy/before foreclosure. You can try one last shot at communication - tell him that if he does not provide you with documentation that a loan mod is in the works, you're done.

[renter314]

I have been nothing short of a great tenant thats why,..he paid nothing down, paid his mortgage with my rent and took all the benefits of homeownership...then as he goes thru this,..does he tell me ? no..yet still colects and was hoping to stay under the radar until it was over. where then do I receive back MY money..not his,..MY deposit. Sorry for the intrusion...did not know there was a "side" to take in issues..issues are issues...the letter of the law takes no side..or shouldn't
I also have no issues with those seeking relief or any other means,..but when you are doing things that you know are deliberate in the matter. i.e., keeping Issues from me..changing addresses so nothing comes to the home, changing bank accounts to stay under the radar of the bankruptcy court,...and trying to upscond with MY deposit..I draw the line.
BTW I am a Mortgage Broker, Loan Modification Consultant and a Realtor,...so it wasn't as if he could not have been straight with me I am not ignorant to the modification and lending processes...I AM ignorant to what is happening to me now however and dirt broke as a REALTOR in sinking FL!! again sorry if I do not belong in here... just seeking help as everyone is and trying to find a thread that relates...unsure:

[drowning123]

I agree. Stop paying the landlord. What's he gonna do? Evict you? LOL. Sorry, don't mean to make fun. All that money is going into his pocket while you may end up homeless. Save that money for moving to a new place. Moving is your ultimate solution.

[SMinGA]

I don't think that is what she meant by 'side'. Not like we are for or against your or your landlord. More that we don't have experience on being a victim of someone else's bankruptcy, so no personal experience or expertise.

Your security deposit is probably gone. Other than filing suit in small claims court, I am not sure what remedy you would have to recover it? Unless it was invested in an escrowed account.

[drowning123]

It also sounds like there's more to this than just landlord/tenant. It sounds personal. Did you rent from a friend or a relative?

[drowning123]

I don't think that is what she meant by 'side'. Not like we are for or against your or your landlord. More that we don't have experience on being a victim of someone else's bankruptcy, so no personal experience or expertise.

Your security deposit is probably gone. Other than filing suit in small claims court, I am not sure what remedy you would have to recover it? Unless it was invested in an escrowed account.

Thanks SMinGA. That's the direction I was going in. Sorry for any misunderstanding, renter.

[renter314]

No no one personal, just have lived here and been a great tenant for almost 4 years.. installed California Closets in 2 rooms my expense, shrubbery, garden, upgraded fixtures and appliances on my own.. if sounding hurt..yes,..just never thought he'd be such a schmoo

[backtoschool]

No no one personal, just have lived here and been a great tenant for almost 4 years.. installed California Closets in 2 rooms my expense, shrubbery, garden, upgraded fixtures and appliances on my own.. if sounding hurt..yes,..just never thought he'd be such a schmoo

Unfortunately your security deposit is gone.

Like other posters said, I would stop paying rent and save up to move. You will have some time before they make you leave, probably 30-90 days.

I agree that it was terribly wrong for the landlord to take your rent while he bk'ed and not inform you. Unfortunately, except for the security deposit, what he did was legal. You have a right to sue him for the security deposit, since security deposits would not be dischargeable debt due to the fraud he committed in spending the money that should have been held in escrow. Unfortunately suing the landlord will cost you more money than the security deposit is probably worth.

Just like in any other area of life, not every one who files bankruptcy is an honest and fair person. I am sorry this happened to you.

[drowning123]

Backtoschool, I'm noticing in your signature that your case closed 7 months after discharge. Is that normal? Thanks.

[drowning123]

No no one personal, just have lived here and been a great tenant for almost 4 years.. installed California Closets in 2 rooms my expense, shrubbery, garden, upgraded fixtures and appliances on my own.. if sounding hurt..yes,..just never thought he'd be such a schmoo

I feel your pain. What he did to you is not fair. You did all the right things and still got screwed (can I say that here?) Unfortunately, we think you should just move on, or if you have any money saved, maybe you can buy the house at the Sherriff's sale. Maybe his bank would be willing to transfer title to you and let you pay the mortgage. Who knows? Is that possible, anyone?

[backtoschool]

Backtoschool, I'm noticing in your signature that your case closed 7 months after discharge. Is that normal? Thanks.

I became an asset case because of two $500 checks I wrote to my mother to help her with expenses. Hopefully this is not normal.

[drowning123]

I became an asset case because of two $500 checks I wrote to my mother to help her with expenses. Hopefully this is not normal.

Aha!