Short Sale Nightmare - Renter’s Beware

By
Real Estate Agent with wexzilla.com

Everyone knows that Phoenix, AZ, Scottsdale, Peoria, Tempe, etc... saw real estate prices more than double from 2000-2005.  Real Estate Investors flocked to this real estate ‘gold rush' from all over the country, Canada and abroad.

Fueling the Phoenix real estate investor frenzy was an era of (too) easy lending and (virtually) free money. Top that off with low fixed mortgage interest rates and so-called "NINJA" loans (No Income, No Job, No Asset Verification) loan and every person with a 600 credit score becoming a real estate investor in Phoenix, Scottsdale, Mesa, etc...Short Sale Nightmare - Phoenix Renter's Beware

Phoenix area Real Estate investors hoped to either ‘fix & flip‘ he homes for a quick profit or turned them into rental properties using the rental income to pay for a majority of the monthly monthly fixed rate mortgage or adjustable rate mortgage.

As we all know, real estate in Phoenix, Fountain Hills, Gilbert, Mesa and Chandler has declined sharply. As a result, towns like Tempe, Glendale, Scottsdale, North Scottsdale and even Paradise Valley  are experiencing short sales, lender owned homes (REO) and foreclosures.

The result of the Phoenix area real estate collapse has been a series of short sale nightmares.

A new short sale nightmare in Phoenix is arising as a result of the Phoenix real estate crisis.  As we know, Phoenix, AZ  homeowners are having difficulty or no success in selling homes.  Now, homeowners are making the conscious decision to walk-away from their homes in Scottsdale, Phoenix, Peoria homes and decide to no longer pay their mortgage.

They are facing a short sale, so "why pay??" they ask themselves.

The problem is that they are not telling their tenants. Phoenix area homeowners are keeping the monthly rent (minimum 90 day foreclosure process) and not paying the mortgage. Also, in many cases, the owners are keeping the damage deposit and not returning it to their tenants.

I am hearing story after story of good paying renters coming home to foreclosure notices on their doors with no return phone calls from the landlord. Other tales of water being turned off at the city as those utilities are often paid by the landlord.

I was told a story about a Scottsdale resident who arrived home from work to find an eviction notice from the bank demanding they move out immediately. The nice couple had to take days off work, pack their belongings, hire and pay for movers and deplete their savings to pay for first, last month rent and damage deposit on a new apartment.

The worst part of all of these short sale nightmares is that there is little renters can do. The current law does not require that rental monies be paid toward the mortgage or returned to the renter.

Due to the conditions present in today's Phoenix area real estate market, this needs to change to protect tenants and to expand tenants rights in Phoenix and the rest of Maricopa County.

Contact your local Congressman and let your voice be heard.

____________________________________________

Copyright © James Wexler * Short Sale Nightmare - Phoenix Renter's Beware*

Contact James Wexler (480) 221-8080 for your Phoenix | Scottsdale area Real Estate needs

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Show All Comments
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

Renee B - you are facing simiilar problems up in Vegas. Yes, we need an escrow of security deposits at he bear minimum. Thanks

Nov 29, 2008 10:56 PM #93
Rainmaker
1,108,239
Jim Frimmer
HomeSmart Realty West - San Diego, CA
Realtor & CDPE, Mission Valley specialist

We have significant tenants' rights here in California, but they don't include an owner simply walking away from a property.

Nov 30, 2008 01:31 AM #94
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

Dawn Anderson - it is in discussion in AZ and I am sure other states as well. It is so difficult to even know if there is a renter form the mortgage side at least

Nov 30, 2008 09:49 AM #95
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

Jason Fleming - I cannot give you legal advice, but if you find out that the landlord is not paying the mortgage, either demand to pay the lender directly or dont pay him and prepare to move

Nov 30, 2008 09:51 AM #96
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

Martin from Weichert Realtors  -

thanks for the insight on Massachusettes law! Much better system than we have here currently. There is pending reform on the way in most states. However, it is not coming nearly fast enough as these situations mount

Nov 30, 2008 09:54 AM #97
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

Michele Gordon - sorry to hear about your deal falling through.

I guess you are right, there is a flip-side which are renters not paying rent and living 'rent-free' if they know the home is in foreclosure

Nov 30, 2008 12:48 PM #98
Rainer
11,271
Tracy Miller
Canton, MS
S. S. Specialist

James, I've heard similar stories on the news lately.  It's unfortunate that individuals that have been good about paying their rent on time are also getting caught up in this terrible foreclosure crisis.  Thanks so much for encouraging us to write our local congressman to help bring attention to this problem.

Nov 30, 2008 01:00 PM #99
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

 

Jeff (CMS) - good advice about no guarnatees. But asking for proof of  mortgage being current is at least someplace to start

Nov 30, 2008 01:14 PM #100
Rainer
7,218
Tammara Hanna-Anansi
Liberty One Lending - Tempe, AZ

seems like the news every night has a real estate scam taking advantage of innocent people. a lot of stories about taking advantage of the elderly

Nov 30, 2008 01:16 PM #101
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

 

Jon Renter -  sorry to hear about your situation. Most cases like yours are prevailing. But, collecting has proved difficult.

Nov 30, 2008 01:18 PM #102
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

 

Daniel - thanks a lot for the Congrats ! I will try not to let my new found celebrity :) as a featured poster on AR go to my head. It is hard sometimes with all the papparazzi around :)

Nov 30, 2008 01:20 PM #103
Rainer
85,159
Rich Mielke
REMAX Results, Frederick MD - Frederick, MD
REALTOR, Frederick Maryland Real Estate

I have seen homes listed for sale, subject to a possible short sale, and the same home listed for rent. That is a big red flag for potential renters.

Nov 30, 2008 09:28 PM #104
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

Mike D - if you are a real estate agent working with renters, It would be well advised to do as much background on the landlords

Dec 01, 2008 10:02 AM #105
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

Mr. Condo Owner - those conversion communities are posing a problem for large pools of renters and owners, i am truly sorry to hear that

Dec 01, 2008 10:03 AM #106
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

Allen M - that is a terrible situation. I hope laws get enacted preventing this type of theft. It is truly stealing as far as I am concerned

Dec 01, 2008 10:05 AM #107
Rainmaker
142,385
Cristal Drake
Prudential California Realty - Fullerton, CA
Realtor - Fullerton Real Estate

We are starting to hear similar situations here in So. Cal. too.  Good post, something needs to be done for renters rights!

Dec 01, 2008 07:17 PM #108
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

Bob & Caroline - sad story, and becoming more common, with foreclosure getting the news due tohe effect on the economy, there is only a little light on these sad stories

Dec 02, 2008 10:03 AM #109
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

Jon , thanks for the note, and I am not familiar with the firm , www.therealestatepro.net , but i dont mind the shameless self-promotion

Dec 02, 2008 10:04 AM #110
Rainer
207,933
James Wexler
wexzilla.com - Scottsdale, AZ

Gail Robinson - unfortunately banks do not honor leases, otherwise, the owner could 'lease' the home for lets say 2 years at $500/month to a so-called 'Friend' . and then when foreclosed upon, the bank would have to honor the lease

 

 

Dec 03, 2008 10:31 AM #111
Rainmaker
74,643
Michelle M. Tucker
!Daley Real Estate - Hunter Army Air Field, GA
Hunter Army Airfield Savannah Real Estate

James: WOW.  It is sad to hear that people would be so dishonest.  What comes around goes around, hopefully those cheating landlords, get ripped of when they go to rent.  Any ideas on how a proprety management department can be proactive on this?  Is it legal to request a yealy mortgage update? 

Congrats on the featured post. 

Dec 20, 2008 12:00 AM #112
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