Renters can check to see if landlord is in default


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Utah's foreclosure filing rate jumped 22 percent in the second quarter of this year according to a firm tracking those numbers.

Foreclosures aren't just hitting homeowners, they're also affecting renters who live in some of those homes.

Some renters are being evicted not because they are skipping their rent, but because landlords aren't paying their mortgages. Many don't even know the home is being foreclosed until a notice to vacate shows up on the door. If you're renting, you may not be able to stop a foreclosure, but you can know about it months in advance.

Renters can check to see if landlord is in default

Deputy Director of Utah Legal Services Ken Bresin said, "We're seeing one or two people a week with that kind of circumstance; whereas previously, we'd see one a month, one every two months."

Last week, Bresin sounded the warning bell. Some renters are being kicked out of their homes because landlords aren't paying their mortgages. Many don't know where to turn. Tamra Lee, president of Mt. Olympus Title, said, "There are a lot of public, free sources that you can do yourself." Lee knows the tricks when it comes to searching for foreclosure information.

Renters can check to see if landlord is in default

And she's also a landlord. She said, "I also own an investment property where the tenant has questioned me." Lee said it might take some work, but you can check if your rental checks are getting to the mortgage company. She said, "In the state of Utah, when a foreclosure occurs, the bank who is doing the foreclosure is required to file a notice of default on the property at least 90 days before that property is sold at auction."

So if your landlord is in default that becomes public record. "That notice is filed on public records. It's available to anyone," said Lee. "They only have to check with the county recorder where the property is located, and all they need to do that is an address."

If you don't want to go down to the county recorder, you can also try the Web site www.rentalforeclosure.com. It lets you look up your address to see whether your home is in foreclosure. The site is free, but its data is limited. So if you want a complete picture, you probably should check in with your county recorder's office.

There are also local companies that will check with the recorder for you and give you monthly updates. That will cost about $20 a month. For more information click on the related links.

E-mail: lprichard@ksl.com

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Lori Prichard

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