All Forum Posts by: Douglas Snook

Section 8 may also have something to say. If they approve the "unit", you might be good to go. Also check with the city about any permits that were pulled for that address.

I would start the eviction process immediately. It will take a while to get a hearing date. Let her come in with the Raft Case number and show the court. As long as she has a RAFT number the court can't follow through with the eviction. But on the hearing day, the RAFT representative may be available to explain what is wrong with the applications. You may also be able to work a cash for keys deal for them to leave or otherwise establish a a move out date.

You want to start now as RAFT has dropped their pay out back to $7000 per tenant so if more is owed you may be out of luck.

One possible way is to buy the property and take over the mortgage payments. By that I mean, you make the payments. Of course it depends on the mortgage company. I just represented a seller where the buyer (who is going to repair and flip the property) agreed in writing to make the mortgage payments. Fortunately a local bank holds the mortgage so he just goes there in person and makes the monthly payments. This might be harder to do if the mortgage company is not local. If the seller is mailing in payments and has and old style coupon book... Maybe set up a new bank account that the payments are taken out of but you put the money in.

You would absolutely want something in writing with the seller that you can sue them if they stop making mortgage payments and the house heads to foreclosure. However, usually it takes a few months before you get there so there would be plenty of notice.

As for what you might lose if it goes to foreclosure, hard to say. Would depend on the state and what it sells for. In MA, in my situation, the balance on the loan was about a third of what the house would sell for. Was bought for $500,000 balance on loan was only $167,000. Pretty sure that if it was to foreclosure it would sell for at least that much. If it sells for more, you as the "new" owner should get anything above the banks balance. You want something in writing with the seller that you can go back after the seller if you do not recoup what you have into it.

Another big concern is what happens if the bank catches wind that the property has been transferred. Most mortgages have a due on sale/transfer clause. The bank can start foreclosure even if the payments are up to date. Of course you may be able to work something out to hold them off until you complete renovations and sell or you may have to look at financing to pay off the bank. In my situation, we put it in writing that if the bank call the loan, he has 30 days to refinance or has to pay the seller and additional $25,000.

Hope that has given you some ideas for thought

Be very careful in MASS. There are some regulations regarding the number of people and square footage of the unit to start with. Especially if you are in Boston, they do not want a large number of unrelated people renting a single unit. (like a large group of college kids)

As for water, there are strict laws/rules about that too. The landlord is almost always going to be responsible to pay that bill.

Hello all! looking for some information about how Rhode island handles evicting the former owner when you buy a foreclosed property. This would be a single family home either purchased at the foreclosure sale or from the bank after they have foreclosed. Looking for an idea of how long it might take to get possession and how long etc. If you know a RI attorney that can and would do this, even better. Thanks!

Check with the court about mediation. Not sure about your state, but in Mass it is a free service run through the court. You show up on the trial day, the mediation group gives a little speech about them being available, you can use it or not. If you can't work something out you go back to the court room and have the trial. If you work something out, it becomes a court judgment and order.

Again, that is in Mass. If it is free in your state and you can find her address, I would say at least try it once and see what happens. Then you know the system in your area if it happens again.

As for court, I can only speak as to Massachusetts. Because of COVID there is mandatory mediation. If this case was in MA you would most likely be able to work something out. For example, the tenants want to stay and you want them to stay, you tell them where to make payment going forward, they tell how they are going to pay the bank rent. Maybe they apply to one of the charities that is flush with cash from the government. In any event, its all written down and the agreement is entered with the court. If something can't be worked out, then it would go to trial (on another day) Again that's just one way it could go, but that's Mass.

You have a Property Manager. Why did they let it get 10 months behind? The property manager should have been all over this as soon as the first rent was refused by the bank. No tenant is going to reach out over a refused rent payment. They need to be fired and replaced, relative or not. They are not doing their job.

Basically, yes, that is how you do it. Give her a thirty day notice NOW that you are ending her tenancy at the end of June. If you want to use your own lease and change the terms (like add no smoking, no pets) and request last month and a security deposit and/or go month to month to a year long lease and/or raise then rent, you can offer her a new lease under such and such terms. Usually it is best to do it by two separate letters/notices. have it all served by the sheriff or constable.

Congratulations by the way, and good luck!

It's only the 3rd of May. If he doesn't pay for May by I would say this Friday, I would serve him a 14 day notice to quit. If he pays up, great. If he doesn't pay, you can wait and see if he actually leaves at the end of June. If he leaves and has not paid you you can either eat it or sue him in small claims for the missing month.

Did you collect a security deposit? 

Do you mean something like the premiums the state paid because the person's income was below a certain level?

As far as I know there is no lien for the premiums that the state may have paid for health insurance.

So if some is house rich and cash poor and they just want to sell out (to say leave MA for FL) and they have been on MASS Health for a number of years, I don't see a lien issue.

Just my 2 cents