Legal Question in Real Estate Law in Utah

We signed a 12-month lease with a property management company. We keep getting mail from the mortgage company and we suspect the landlord is not making his mortgage payments. In addition, the HOA tried to serve our landlord some sort of paperwork. We suspect he is not paying his HOA fees either. How can I find out if he is behing on his mortgage payments? Will I be informed if the home goes into foreclosure? I tried calling the mortgage company, but I don't have the account number, so they would not help me.

What are my rights as a renter, and how can I be informed?

Thank you


Asked on 6/27/11, 7:14 am

1 Answer from Attorneys
Mel Larew

It appears from your zip code that you are in Utah County. Go to the County Recorder's office in Provo and ask for help finding out if a Notice of Default has been recorded on your rented property. If you have the lot number and subdivision name that will save a little time in looking it up. You can also file a Request for Notice of activity regarding the property so that you will get notices of documents recorded that affect the property. The clerks are not allowed to give legal advice but may assist in locating a sample document to base your on.

If there is a foreclosure you will be notified whether you file such a notice or not. There will be notices posted on the property regarding foreclosure proceedings (and before that there would likely be a notice of default mailed to your address).

The HOA may be a little more forthcoming in letting you know as the occupant whether the owner is behind on HOA dues.

Even if there is a foreclosure you may not be affected inasmuch as foreclosures can take many months to complete and your rental contract may be completed by the completion of a possible foreclosure.

Read more
Answered on 6/27/11, 10:29 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Utah