Realtorlandlord rental scam

Realtor/landlord rental scam?

If a realtor and property owners rents a home, knowingly that the property is in jeopardy of foreclosure, and doesn't inform tenants, Is this legal?
If the tenants, questions the realtor and property, 'Is this property pending any sale, foreclosure, or any plans of this property, please let us know.' Both realtor & property owner claims of any acknowledgment of the property and can assure us nothing is pending on the property. We clearly stated to them both, we're expecting a newborn son in the up coming months, and want a home for long term, so if there is anything pending with this house please let us know now. "I can promise you there are no plans in the upcoming year," said realtor.
After moving, bank representative's comes to the property looking for property owner. After several attempts, the representative hinted to us they been trying to contact the property owner for several months (6months), due to the negligence of mortgage payment, and this house maybe foreclose. This occurrence after 2months of moving in,which means 4months prior, bank's representative been coming over the property and taking pictures of the property, as well as us in the mean. This to us is more of an invasion of or privacy. Noticing people park in front of the house watching us. This is not what we sign up for. If anybody has gone through this before, please help. I want answer on how i can sue both the realtor and owner, plus get the realtor to lose his license. Any attorney who can help with legal matters and lawsuit, will be awarded.

Other Answers:

You cannot sue successfully, unless you can somehow prove that the realtor involved was made aware of the possible foreclosure. If the landlord did not inform the realtor, the realtor is not to blame. Do understand that the realtor involved can have NO knowledge of a pending foreclosure unless the lender has actually initiated a legal foreclosure process, at which time the action becomes public knowledge via the court system. Until such action has been inititiated, any 'past due situation' is strictly confidential between the lender and the borrower.

My guess is that your realtor was simply not aware of the seller and his past due payments.

Federal law says that they must advise any tenants of a pending foreclosure. State laws on this subject vary from state to state. The way to enforce the law is to file a law suit. Their is no one to report it to, and Federal court won't accept lawsuits for minimal amounts.

In my state, the land lord must notify the tenants once the land lord receives notice of foreclosure from the mortgage holder.

It does not remove the tenants responsibility to pay the rent until the property actually is sold at auction and someone else takes possession.

The REALTOR and the landlord both committed fraud against you.

You definitely have a Civil claim for fraud against both the REALTOR and the landlord.

I recommend that you interview at least 3 or 4 Attorneys who have a great deal of successful (winning) experience recovering monetary damages from Real Estate Agents and landlords. Attorneys who specialize in consumer protection are often very good at this.

I recommend that you also file a complaint against the REALTOR with not only the local Real Estate Board, but also with the State Department of Real Estate.

Although the local boards and the State are usually no good for recovering monetary damages for you at least it puts the Real Estate Agents on notice that they cannot get away with this sort of behavior any more without being reported.

However your Attorney is your best bet for recovering your monetary damages. Also your lease agreement should have language in it that provides that in the event of a dispute, the loser pays the Attorneys fees of the winner.

That means that both the REALTOR and the landlord must reimburse you for your Attorneys fees in addition to paying you monetary damages.

At least You are lucky that you did not run into the REALTOR and landlord in my neighborhood that were illegally confiscating the deposits of renters. The landlord was convicted of illegally confiscating over $100,000 in deposits from renters and will be going to prison. The REALTOR has not yet gone to trial, however I expect that REALTOR will follow the landlord to Prison in the near future. .

(Edit to asker) With respect to dates of involvement of REALTORS your Attorney can ask the Court to compel the REALTOR and landlord to divulge the records of both the landlord and the REALTOR. The court will compel the landlord and the REALTOR to produce their records. The court can also compel the bank to produce the records of the bank.

check with your states "Department of Consumer Affairs" In most states they can ONLY if they pay it to the mortgage holder (so check with the mortgage holder who was listed in the legal notice of foreclosure in the newspaper) The rent will go (if legally done) to the lender until sale and the new owner will be your new landlord but because some landlords do keep the rent the lender can kick you out unless YOU check to see the lender receives the rent you can pay directly to the lender to make you feel easier.