# No retaliation on rent or mortage;  Is this true?



## Gaer (Apr 4, 2020)

I heard, (unsubstanciated report) that in the state of Calif. will allow no retaliation for non payment of rent or mortage during this pandemic. Does anyone know of this?  I sold homes/property in New Mexico, (owner carry) and if I can't collect, Wow!  Can anyone enlighten me further on this?


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## Aunt Bea (Apr 5, 2020)

Check with the authorities in the city where the property is located.

Also, think about the financial situation of the people that you are dealing with, are they currently out of work, retired, self-employed, etc...

Keep in mind that we should all be getting a stimulus check in the next few weeks that will help you and your mortgagor stay afloat. 

In my area, the governor has signed a bill to block evictions for 90 days due to the coronavirus but nothing has been said about suspending/forgiving payments.

Good luck!


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## tbeltrans (Apr 5, 2020)

My understanding of what has been said here in Minnesota is that a person can't be evicted for non-payment during the stay at home order, but that when all this passes s/he will be responsible for paying the rent.  So, at least for us, my understanding is that it isn't a "get out of jail free" card, but simply putting it off until the economy is moving again.  I can't answer for other states, but it is certainly worth checking into carefully.

In Minnesota, there has been much questioning about this area, so the governor and the state attorney spoke clearly on the subject to quell all the speculation and let both landlords and renters know exactly where they stand on the matter.  I don't know if all states are doing this or not though.

Also, I have been saying "my understanding" because it is entirely possible that I misunderstood something in all this that somebody else from Minnesota could come along and clarify further.  Since I own and have not had a mortgage in years, I probably didn't listen as carefully as those directly affected might.  It can be a slippery slope to attempt to speak factually about things that seem to be a grey area and when things are changing so rapidly.

Tony


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## Ken N Tx (Apr 5, 2020)

Aunt Bea said:


> Keep in mind that we should all be getting a stimulus check in the next few weeks that will help you and your mortgagor stay afloat.


I do not believe the amounts would cover Rents and Mortgage..But it will be used for food!!!


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## StarSong (Apr 5, 2020)

Gaer said:


> I heard, (unsubstanciated report) that in the state of Calif. will allow no retaliation for non payment of rent or mortage during this pandemic. Does anyone know of this?  I sold homes/property in New Mexico, (owner carry) and if I can't collect, Wow!  Can anyone enlighten me further on this?


This should answer your questions:
https://www.latimes.com/homeless-ho...r-protections-eviction-foreclosure-california


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## Gaer (Apr 5, 2020)

Thanks everyone but these are not renters.  They are purchasing "owner carry"  Don't think it's the same.  I'll just wait and see what happens.  Thanks!


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## Pepper (Apr 5, 2020)

Gaer said:


> Thanks everyone but these are not renters.  They are purchasing "owner carry"  Don't think it's the same.  I'll just wait and see what happens.  Thanks!


Speak to your lawyer with questions like the one who arranged things for this sale.


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## Gaer (Apr 5, 2020)

Pepper: I don't think my attorney is working during the pandemic.  But thanks!


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## Pepper (Apr 5, 2020)

Gaer said:


> Pepper: I don't think my attorney is working during the pandemic.  But thanks!


Are you kidding?  If you can't reach him/her by phone you should think about getting a new attorney.


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## Gaer (Apr 5, 2020)

Pepper said:


> Are you kidding?  If you can't reach him/her by phone you should think about getting a new attorney.


Oh!  I have a WONDERFUL  attorney.  I haven't tried to get ahold of him yet.  I'm going to wait and see what happens first.  Thanks, though!


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## StarSong (Apr 6, 2020)

Gaer said:


> I heard, (unsubstanciated report) that in the state of Calif. will allow no retaliation for non payment of rent or mortage during this pandemic. Does anyone know of this?  *I sold homes/property in New Mexico, (owner carry) and if I can't collect, Wow!  Can anyone enlighten me further on this?*





Gaer said:


> Oh!  I have a WONDERFUL  attorney.  I haven't tried to get ahold of him yet.  I'm going to wait and see what happens first.  Thanks, though!


If your situation will be "wow" if your borrowers don't pay their mortgages for many months, maybe it's time to bother your wonderful attorney to find out what's what rather than waiting and seeing.  

Then again, my temperament is such that I'd rather know for sure if the light at the end of the tunnel is dawn breaking or just a freight train coming my way.  Not everyone feels the same, and I say that most respectfully.


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