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I had my first taste of the housing market “collapse” today.

It was a sad case that likely portends the future. A contractor filed sued against a landlord and tenant for repairs to a rental property. The tenant claimed that he hired the contractor at the landlord’s direction and with the understanding that the landlord would assume the cost, or that the cost could be deducted from the rent. About a month after the repairs were completed, and before final payment was made, the tenant returned home to find a foreclosure and eviction notice on the front door.

Understandably, the contractor wanted to get paid and didn’t care from whom payment came. The tenant claimed that the landlord was responsible for the repairs, despite the fact that there was a signed, written “estimate” form, and he had made a deposit to the contractor. And the landlord failed to appear.

I have a feeling that we will be seeing this more and more in the coming months. What bothered me about this case was the fact that the landlord entered into the lease with the tenant with the knowledge that the property was in foreclosure. I’m not a real estate lawyer, but I don’t think a bank can foreclose after 90 days (the approximately length of time the tenant said he was in the property).

28 Jan 08 | Interesting Legal Developments, Mediation

One Response to “I had my first taste of the housing market “collapse” today.”

  1. Vickie Pynchon | January 28th, 2008 at 7:53 pm

    Isn’t it interesting what causes conflict — good times and bad. When the market was sky-rocketing here in Los Angeles, I mediated a number of cases among family members arising from the increased value of property. Suddenly, that home that mom lived in that the kids grew up in and family members rotated in and out of was worth $400K instead of the $150 or $200K it had originally been purchased for. Grown children suing their elderly moms for these properties was not uncommon and sad, sad, sad. These, however, were the cases you were glad to be mediating, with a particular note of gratitude to the people who taught you transformative mediation skills. Remember, it’s not so much the absolute numbers involved in any lawsuit, but the fact and degree of CHANGE that makes people think it’s worthwhile to exchange harmony for $$$. Of course it’s impossible to resolve if one of the parties doesn’t show up. Still, I’ve found these cases to be some of my most rewarding work. All best to you in helping people deal with these crises Chris.

©2007-08 Christopher K. Annunziata Legal Disclaimer: The material on this blog is provided for informational purposes only. It should not be construed as legal advice or as creating an attorney-client relationship. If you have a legal question, please consult a licensed attorney in your state.

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