Foreclosure fallout: Visalia tenant unaware of landlord's financial status

Tuesday, September 22, 2009
VALERIE GIBBONS
Visalia Times-Delta

When a tornado leveled Tracy Wood's Kansas City home in May 2008, the single mother of a 3-year-old boy packed up her remaining belongings and struck out for Visalia, where family members might be able to lend a helping hand.

The next year was difficult. But even though Wood ended up in a Visalia homeless shelter, she was able to nail down a part-time job and put some money aside.

By April, she and a friend were able to save enough money for the security deposit on a two-bedroom apartment.

The deposit was steep more than $2,000 but the $675-a-month rent was just the right price.

"I finally thought I was getting back on my feet," she said.

Now she's about to become homeless again.

The notices of foreclosure started to arrive a few months after she moved in. She called the apartment complex's owner but got no answers.

"He was avoiding us and kept telling us not to worry, that he was restructuring his debt," she said.

But the notices kept coming, and Wood's roommate moved out.

"I've been looking for other places, and everyone wants a completely clean credit history," she said. "I went through a divorce, lost my house in a tornado and was homeless you don't go through that and keep a spotless credit history."

Stuck, she waited for the other shoe to drop. And last week it did. She came home from work and found a notice on the door saying the water bill was past due for a total of $800.

Like many apartment dwellers, Wood is not directly responsible for paying the monthly water bill, which is paid by the owner. If the water is turned off, city sanitation rules will prevent Wood from staying in the apartment.

Mike Markarian, a superintendent with Visalia's water provider, California Water Services Co., said the company is concerned about customers who are going through tough economic times.

"Tenants can set up their own account and they won't be responsible for the unpaid balance," he said.

But there's a catch. Woods lives in a triplex and would be responsible for the entire property and other tenants' bills if she were to set up such an account.

"It would be about $200 a month," she said. "I don't have that kind of money."

The Times-Delta attempted to contact Wood's landlord, Habes Alrawashdeh, but phone calls were not returned Monday.

Wood is part of a growing number of tenants caught up in the foreclosure crisis. The state Department of Consumer Affairs estimates that 22 percent of the properties that have been repossessed by lenders since 2007 are occupied by renters.

Until this spring, some of those tenants were given 60 days to find a new place to live.

A federal law passed in May extends that notice to 90 days under certain circumstances if the tenant has a lease, 'for example.

Rental and housing officials suggest several ways renters can investigate whether their dwelling is at risk of foreclosure and protect their rights when it is. Among those suggestions:

  •  If you rent through a management company, ask it to inquire with the landlord about whether mortgage payments are being made.

  • Use private and public Internet databases to turn up any default or foreclosure notices. You'll need the owner's name and the address. Private services include realquest.com and preforeclosure.com; the Tulare County's Recorder's database is http://riims web.co.tulare.ca.us/riimsweb/Asp/ORInquiry.asp.

  • Watch the newspaper. Foreclosure-sale notices are published in the Classified section of the Times-Delta.

  • If your home or apartment is foreclosed on, the controlling bank may offer a "cash for keys" deal, which gives tenants money to ensure a quick, no-hassle move-out, often within two weeks.

During the foreclosure process, tenants are not required to pay rent and landlords have no right to ask for it. But tenants still are obligated to pay rent in the immediate period before a foreclosure notice or sale.

Wood stopped paying her rent at the beginning of September.

"I didn't have a choice," she said. "I've been told not to expect my deposit back."

Visalia-Times Delta staff writer Brett Wilkison contributed to this story.

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