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There goes that other shoe... - A Suburbs Boy Living a Country Life [Pete and Pam's pages (photos and some commentary)] [Pam's journal] [Our company] [My Flickr Photos] [Arisia]
September 27th, 2007
09:37 pm

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There goes that other shoe...
I was worried about these things coming in threes, right? Okay...shoe #1 seems to have basically ended with a good story to laugh about later...maybe much later; story #2, though: where once there was a wedding, now there is none. Not so hot--on many fronts--but better [and I speak from experience here] than other alternatives such as going through with the wedding, and having the other party decide it was a mistake after the fact.

Now, story #3 has shown up: Our friends' landlord arrived unexpectedly, bearing a copy of a summons. The summons named the landlord as a defendant in an action, informing him that his property had been foreclosed, and was going to be auctioned off in early October. Now, the husband of this couple is a voracious reader, as am I. We have absorbed a few bits of the law here and there. Ordinarily, in a sale of real estate, a lease on the property survives the sale--the new owner becomes the new landlord. Okay, went our initial thinking--call the bank and say: "Gee...too bad about the landlord; where should we start sending the checks?"

My friend, however, started reading the code. Apparently a foreclosure "breaks the chain of title." Yikes! Scary-sounding stuff. Basically once the sale is recorded and finalized, formerly legal tenants become tresspassers unless the new owner offers a new lease [which they generally won't]. So, shortly after that, if you don't get out on your own, the Sheriff will come along to help you along. Okay, we're talking a completely unplanned, imminent move involving two grown-ups, four kids, a house full of house-things, a barn full of barn-things, a shed full of shed-things, chickens, guineas, goats, a dog, horses, and...the beat goes on. Yeah, that other shoe really dropped.

Get this though, basically as soon as they started looking they found this gorgeous 5 bedroom farm-house, built in 1912, so it's got that style that you're just not going to get in today's "McMansions"--but looking like it's been remodeled and well taken care of inside and out. It's on over seven acres with a stocked pond with what looks like a "party-sized" dock.

For hundreds less a month than what they are currently paying for the less-well-turned-out [not to mention about-to-be-sold-at-auction] place.

Sometimes this whole shoe-dropping thing just isn't so bad, after all. Their friends--including us--are all going to "turn to" and help get the move done. For Friday, I just need everyone to [send energy/pray/think good thoughts/pinch themselves/pinch someone else/drum/dance/whatever works] that their offer and application going in tomorrow gets accepted.

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From:bikergeek
Date:September 28th, 2007 01:59 am (UTC)
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I'm wondering if he's got any kind of legal recourse against the landlord for his expenses in finding another apartment, moving unexpectedly, etc., etc. :-/ I'm glad he was able to find a better place so easily, though.
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From:happypete
Date:September 28th, 2007 03:17 am (UTC)

they have all sorts of "recourse,"

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...but they'll be lucky if they get their deposit back, let alone any damages. think it through: this guy couldn't hold on to an investment property that he wasn't even paying to maintain properly [the well water was unusable and needed to be treated, for example] when there was a tenant there paying the rent on time every month. The landlord doesn't have two nickels to rub together, is our best guess. He could probably get judgement for damages...then there's just the small matter of collecting on the judgement.

the finding was fortuitous and fast--but the moving is going to be a major adventure!
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From:bensong1
Date:September 28th, 2007 03:02 am (UTC)
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In case the other place doesn't work out, I'm wondering whether there's any way they (or friends) could bid on the house themselves. Might be a way to own the same place (on the cheap) that they've been renting.
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From:hammercock
Date:September 28th, 2007 04:48 am (UTC)
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Ai ya. I'm imagining how suckful it would be if I had to suddenly pack up all my stuff and move on such short notice, and it makes me want to curl into a fetal ball. I hope your friends get the place they're looking at.
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From:christilyn
Date:September 28th, 2007 11:19 am (UTC)
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Yeah, leases don't survive foreclosure...and this is the SECOND time this week I've heard about a tenant finding out that they were losing their home. :/

But glad it worked out for the best for them! :)
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From:happypete
Date:September 29th, 2007 02:30 am (UTC)

They'll be looking to buy in a year...

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...remind me to introduce you guys when they might be getting ready to look.
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From:christilyn
Date:September 29th, 2007 10:39 am (UTC)

Re: They'll be looking to buy in a year...

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Excellent! :)
From:alcinoe
Date:September 28th, 2007 12:47 pm (UTC)
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I wish I could help with the move, I was always a good chicken catcher. Even the wiley ones couldn't escape my power.
From:annshh
Date:September 28th, 2007 11:30 pm (UTC)

I was hoping for boring for a while...

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I really was hoping for boring for a whlie... this is not what they needed after everything else that has gone on recently. I hope the offer on this new house goes through- it sounds beautiful and like it will be a nice change! Wish I could help with something.... at the very least I can send them good thoughts that the move goes well!
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