MOVE fast when you find out your rental property is being foreclosed
Here’s the NIGHTMARE you don’t want to face. You’re renting a house. You pay your rent on time. However, little do you know, your landlord is NOT paying the mortgage. The next thing you know, you get a notice (whether it be in the mail, the newspaper or the landlord themselves) that the property you have been renting is in the process of being foreclosed.
Unfortunately, the worse part of this nightmare is facing the reality that you probably are NO WHERE NEAR prepared for this type of traumatic life experience. You don’t sign a lease expecting to be told at some undisclosed period of time that you would have to leave on a dime!!
If you find yourself in this situation, you don’t have time to mess around and wallow. Here’s a few tips to get right:
1) Get ready to move NOW
Don’t freak out and ask yourself what you’re going to do. Start DOING!!!! Start figuring out RIGHT THERE and THEN where you have to go! As soon as you get notice that the house may be in jeopardy, START hustling from that point.
2) Find out where the case is in the legal process (and see where you stand)
Most people forget that foreclosure is a legal process. In some states, you may have the ability to intervene as a third party in the event that you need time to move. If you get the word that foreclosure is going down, contact you an attorney or find out at what stage the case is currently.
3) Contact the new (or potential) owner
Sometimes, the new owner may or may not know that you are in the property as a tenant. Don’t wait until the new owner executes a writ of possession (i.e. eviction notice) for you to contact. The new owner may or may not want you to be the tenant but you want to let them know that you may need time.
4) Pay rent on time (it helps) and let them know about your family
Remember, when you’re talking to the old or new owner, your bargaining ability may be strengthened based on the size of your family as well as the fact that you have paid your rent on time.
5) Recognize, if you KNEW that foreclosure was coming and you didn’t do anything, you may be stuck when they tell you to get out NOW!!
If you know that that beast is coming, don’t move slow. Act on it quickly because if you drag your ass, that’s exactly what you’ll be sitting on OUTSIDE of the house when they evict you.
6) When that eviction notice comes, it may be too late
Listen, you come home, you see a 48 hour notice on your door. You freak out but you need to understand one thing, you may not be able to do anything about it. You can file an emergency motion with the court but the court may not be able to get to it before the eviction is enforced. You may not be able to contact the new owner.
7) Keep a copy of the lease handy and explore your options
Don’t throw your lease away. You may have the ability to exercise legal options (especially if you are still paying the landlord and you didn’t know that the property had already been sold).
There is NOTHING sexy about having to leave a home that you have been paying rent on faithful. However, in this tough economy, you must understand that you may have to move on a DIME in a very unpleasant situation.
What’s delaying YOUR Social Security claim?
Looky heya!! Recognize a simple fact. The Social Security process is SLOW!! Ain’t no sugar coating. It just is. If you’re in a jurisdiction that is moving a little faster than normal, consider yourself lucky.
However, before you start blaming everything on the process, you need to stop and yourself what is causing the delay. The Social Security Administration is taking aggressive steps towards becoming completely electronic which ultimately will speed up the process. However, you still need to appreciate that the process is not something that will happen over night.
Here’s some things that you need to appreciate right out the gate:
1) When you apply, DON’T SET YOUR CLOCK by the timeline Social Security tells you!
You know what I’m talking about when I say this to you. You go and you apply and Social Security tells you that you should have a decision in about 60 to 120 days. What do you do? You set your clock by it. So when 120 days comes around, you start BLOWING up the phones!!! Recognize, there are no set timelines for when Social Security can make their decisions. They are processing them as fast as possible but in some cases, it may be against your interest if they process your claim without all of the information.
2) You need to understand what happens once you file.
Depending on your state, it usually goes down like this:
- You file
You usually don’t file right away. You usually have to go and file online or go in person. IF you have to make an appointment, this may take a while.
- they determine which programs you’re eligible
This portion of the process is fairly quick. Either you are or you’re not. Pretty simple
- They send your file to the disability determination section
This section is the most important part because they are responsible for developing the medical portion of your program.
- Disability sends out forms to you and your family and friends
When you write down the names of the people you want SSA to contact, you better contact your friends and family and let them know that it’s coming. Usually, this portion takes the longest because people don’t always fill out the forms as fast as YOU would like.
- Disability sends out requests for Medical Records
Listen, don’t hate but the fact is simply that YOUR medical records are crucial for you to get approved. So if your doctors don’t send the records back in a timely fashion, this slows up the process.
3) Blowing up the phones like it’s going out of style does NOT help your case.
Contrary to popular belief, going BUCK WILD on the phone does NOT help your case. I’m not saying you should suck up to anyone but remember, you’re dealing with people who are processing anywhere from 50 to 100 cases a week. So what does that mean?? Use some common sense, if someone called you ‘cussing you out’ about something that you KNOW you’re doing the best you can, would you REALLY work hard for them??
4) A representative helps but they are NOT a magician!
Representatives who take claims tyically pride themselves on their ability to determine if a case has a likelihood to succeed. However, alot of people think that once they get a representative then BAM, it’s ON like Donkey Kong!! You gotta remember that the representative provides you, among other things, three benefits. One, they can tell you about the strengths and weaknesses of your case. Two, they can tell you how the law will respond to your facts and how the judge you are facing may decide your facts. Three, they are the point of reference for Social Security regarding you and your medical records. Now, I know that some representatives will tell you that they can get you YO MONEY fast and if you find one like that, then RIDE OUT! Just remember, they deal with this on a regular basis, so don’t kill the messenger if they are not getting you the results you’re looking.
5) Before you start CHECKING people, CHECK YOURSELF!
I know this sounds crazy but alot of time, people don’t give credit to what part they play in the DELAY! Did you MISS your appointment with the Social Security Doctor?? Did you send all the forms in to Social Security that they asked for you to send? Are you doing what your doctors are telling you to do? Did you move and not tell Social Security that you are moving? Did you get a new doctor and not tell Social Security?
6) Remember where you’re located.
If you’re living in a large metropolitan area, recognize that that means you got a CRAP load of claims being failed. Also, if you’re living in a small area, you may have only ONE office servicing a BUNCH of areas. Either way, it’s still a lot of claims coming and going.
Listen, I know the Social Security process is a pain in the backside and I know that it’s frustrating but make sure you remember that the Social Security process is not a ’slide your quarter and watch the machine move’ process. You play an integral part and it’s important that you remember that the delay could be more than you think.
Please keep a COPY for yourself
Why is it that we get mad when WE throw away something that we SHOULD have kept a copy of for our records? I know, I know, you don’t want all of that extra paper work laying around the house and getting in the way.
And then, guess what happens?? As soon as you DON’T need it, then the search begins.
Listen, it’s important that you take the opportunity to keep copies of certain paper work (i.e. contract, policy changes, employment records) just in case you need them. It may be a pain in the backside but it’s better to have them and not need them as opposed to needing them and not having them.
Oh, and be careful, don’t think that just because your employer has a copy of something that they are going to just give it to you automatically. Most people don’t realize that documentation in your file is NOT your property. This information is the property of the employer. Now, if you’re going to sue them, then you can definitely get the information through discovery. However, don’t get it twisted and think you can merely ask for your information and they will just GIVE it you (some employers might but don’t hold your breath).
Now, I know that this may seem obvious but make it a practice of keeping a copy of documents. You never know when you may need them.
Remember, being a Representative Payee is serious business
Here’s where people get into trouble all of the time. Someone has been awarded disability benefits and the Government has mandated that a third party serve as the Representative Payee.
Now, for those of you who are not familiar with what a Representative Payee is, let me enlighten you. This person is typically a third person who is charged with the responsibility of receiving money on behalf of a recipient of Social Security Disability benefits. As such, this Rep Payee is responsible for making sure that the person’s money is being spent on behalf of the individual. The Rep Payee has to make sure the money is being used in the manner the individual who would have used it. For instance, if the disabled person is renting a place, the money should be used for rent. If the disabled person has bills, the rep payee has to make sure the money is used for bills. So, I’m hoping you get the general idea.
Here’s where it gets ‘coo coo’ for cocoa puffs! In some situations, the rep payee will take the money and use it for things OTHER than what the Rep Payee should be using it. OH MY GOSH! CAN YOU BELIEVE??!!!!! (lol)
It’s sad because the person who is harmed the most is the disabled person who is not getting the benefit of the money. However, what most people don’t appreciate is that when you have agreed to be a Representative Payee, you are agreeing to be fiscally responsible for this disabled person’s assets and, as such, you have a fiduciary responsibility.
Now, for those of you who got lost in all those crazy words that I just laid out there, let me put it in plainer English for you. If you use the money that was meant for the disabled person in some other manner than for the disabled person, you may be looking federal fraud charges!!!! That’s right! I said it!! So many times, people get the ‘high pro glow’ when they are Rep Payee because they think that they are getting something for nothing. The government is giving them money and they start thinking that it’s THEIR money!!!
Listen, I applaud all of those persons who take on the responsibility of being Rep Payee. It takes alot of time and energy to monitor your own funds and finances and so it’s tougher when you have to monitor someone else’s finances as well. Just remember, it is to your advantage to pay close attention to the financial responsibility that you took on when you decided to be representative payee. If you feel that you are at a point where you can’t do it, walk away. The last thing you want to do is screw up someone’s money.
Don’t just sit around WAITING on the money
Part of the problem that some people have with a law suit is this notion that all they have to do is SIT back and let the money ROLL in to them. They have already decided that their case is ALL that and a bag of chips that all they need to do is sit back and let the money flow.
Well, be careful if you take THAT approach. If you have an attorney, you will want to have a heart to heart discussion about what you should do while your case is pending. The reason I this is that in some case, you are expected to ‘mitigate’ your damages.
Ok, I Know you said ‘mitigate? huh?’. Here’s how it flows. You’re not suppose to make your situation worse. For instance, if you get wrongfully fired from your job, it is in your best interest to start looking for another one while your claim or lawsuit against your employer is pending. Why? Well, if you’re not working, clearly, you’re probably hoping to be reimbursed for lost wages as a result of you not being employed. However, it is really unfair to the employer for you to sit on the couch and let the days RACK up because you figure that once you win your case, the employer will reimburse you. Yes, yes, yes, I know you could give a damn about that employer who stuck it to you but the court will give a damn.
Ultimately, you don’t want to do anything that makes your situation worse.
Here’s another scenario. Imagine that you’re applying for Social Security Disability benefits. Of course, you want to show the government how disabled you are. So what do you do? You may go to the doctor but you don’t necessarily do what the doctor says. The doctor tells you to stop smoking but you keep smoking. The doctor gives you exercises but you ignore her. And why do you do that? Ohhh, because you’re disabled. Well, if you’re not doing what the doctor told you to do in order to improve your health condition, how can you expect to receive disability benefits?
Just remember, that every type of case and every scenario is a little different so I encourage you to talk to your attorney about what you should do while your case is pending. Just recognize that sitting on your couch eating Haagen Daas ice cream and watching soap operas may not necessarily HELP your situation as much YOU think it will.
