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Updated almost 12 years ago on . Most recent reply

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12
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Steve Paczesny
  • Milwaukee, WI
0
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12
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Buying foreclosure, bank doesn't "have" lease...help!

Steve Paczesny
  • Milwaukee, WI
Posted

Hi, let me introduce myself. My name is Steve, and I am in the middle of purchasing my first rental property - a Freddie Mac Homesteps foreclosure.
It is a duplex, with tenants currently living in the lower unit. I am going to be an owner-occupant living in the upper unit.

I was told the existing tenants are month to month and the agent asked them what they currently pay for rent when I was present while doing my 2nd viewing of the property. They said $765, and also that they plan on moving out in spring (apparently they didn't even know the place was foreclosed on for 6 months...they were still sending checks to the old landlord when the bank showed up at the door and told them the place had been foreclosed.)

I put in an offer and the bank countered-I accepted their counter with both an inspection and finance contingency. I have the inspection scheduled for this upcoming Wednesday.

Problem is I didn't include a contingency to see the existing lease, and now am coming to realize this could be a potential problem.

The bank just got me back the signed docs that I am to forward to my lender so they can start the process of getting appraisal/approval for the loan.

I told the agent I will need to see a copy of the existing lease. He checked with the listing agent and responded with:

"The Listing agent dose not have a copy of lease they are month with the buyer inheriting them
I ask her to check with the management company of the property for what they have for a lease."

What do I do? I feel as though it would be dangerous to assume the lease truly is month-to-month and what the rent is without actually seeing the lease, right? It did say MTM on the MLS listing for the property. Is that enough, or should I demand to see a copy of the lease or get an estoppel letter? I am not really sure I know how to go about getting an estoppel letter/what to include in one.

I have read that since I am going to be an owner-occupant, I have the right to get rid of the existing tenants with 90 days notice whether they have a lease or not by saying I intend to occupy the property. Is this true?

Thanks!

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