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Where to look up NOD? Precautions for renting?

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    Where to look up NOD? Precautions for renting?

    We're getting ready to rent and our biggest concern is that our new landlord will be foreclosed. I trust no one . What are you guys doing to ensure that your new landlord is current on their payments?

    #2
    That really depends on how foreclosures are handled in your state. For example, in Colorado, it is fairly easy because all foreclosures are handled by a county employee (the public trustee), most county websites here will list the pending foreclosure.

    In some states, there is usually a single publication that lists foreclosures (it is where the notice of foreclosure in published). In Nevada, it is Nevada Legal News.

    In a judicial foreclosure state, maybe try the court website, but it will be hit or miss whether you can search active cases.

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      #3
      In Florida, I check the County Clerk of the Court's website for Public Records. A home that is in foreclosure will have a lis pendens filed and recorded against the property. This is the best indication that a foreclosure is pending or in the works. Otherwise, it's difficult at the NOD level in Florida because the lender does not need to file those.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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        #4
        I'm in CA, county of Los Angeles. I've searched around on the clerks site and don't see it, but it's possible I'm simply not looking in the right spot. I have been able to find a few sites on line that list the street of a pending foreclosure, but not the complete address.

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          #5
          Originally posted by ItsJustMe View Post
          I'm in CA, county of Los Angeles. I've searched around on the clerks site and don't see it, but it's possible I'm simply not looking in the right spot. I have been able to find a few sites on line that list the street of a pending foreclosure, but not the complete address.
          CA has Trustee Sales, which are foreclosures not conducted by the CA courts, so you won't find this in the Clerk of Courts. What you will find is a NOD, notice of default filing and Substitution of Trustee. I'm sure the action is "of record" somewhere in public records, just not sure where. It would do you well to ask someone in the public records section to point you in the right direction. They will usually accomodate such a request.
          Last edited by Mensa1; 03-21-2010, 12:59 PM.

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            #6
            Thank you. I'll give someone a call on Monday and see if they can point me toward the correct site or agency. The idea of having to simply take the owners word that they are current makes me very anxious.

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              #7
              Mensa beat me to it... the NOD must be recorded in California, so it would be somewhere in the Public Record.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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                #8
                I find this site is useful



                Check it out.

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                  #9
                  Well our home is in default and foreclosure and it did not come up on that site, so not sure how up to date that site is?

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                    #10
                    Our still doesn't come up, either. We ended up going w/a managment company, though, so hopefully our chances of default (or, at least, or chances of default w/out knowing) are lower.

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                      #11
                      I'm starting to see alot of "killer deals" around here for single family rentals. I've been wondering how many of them are contemplating a foreclosure and lowering the rent just to get some income before the sale knowing they won't be paying the mortgage anyway.

                      I'm considering giving up my house and renting but if something like the above happens I'll be homeless anyway.

                      I'll wait and see..............

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