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Owner passed away, house being foreclosed but host still AirBnB'ing


#1

Hi! I am an AirBnb user myself, hoping to become a host but my neighbors are completely against it because of our Problem Neighbor/AirBnb Host! He is completely ruining the idea of AirBnb for my neighborhood. And get this, he doesn’t even own the house he’s AirBnb’ing! The owner passed away years ago, the house is in the process of being foreclosed, and yet this host still has the keys to the place so he is making pure profit off with little care about the property (and neighborhood). I just moved here (regrets…) and my neighbors have all filed complaints to AirBnb but AirBnb doesn’t do anything. The house has 10 beds, so you can imagine what kind of crowd this brings. My house unfortunately shares the driveway, and even though I have told the host to please have guests off of my side of the lot (yes, it is shown in our property lines), whenever his guests have a party, the entire driveway gets blocked. I could go on and on… and yes, I have told the host whenever any problem arises but he is slow to respond (if at all).

I just moved here thinking I could always put my property up on AirBnb if I had to, but that possibility is fading away as my neighborhood’s temperature rises. What do I do??


#2

What relation to the owner is this person?
Unfortunately the host has possession of the home and it may take a while for the foreclosure to process. Is it for sale?

A couple of things you could try… looking for the bank that’s in the process of taking it back and complain to them. Perhaps contact a local realtor to find out that information. Contact the city to complain.

I don’t think you should do Airbnb until this home is reposssed, as the nuisance to the neighborhood is too high.

As for the parking put up signs that say anyone who blocks the driveway will,be towed. Then call a tow truck. That is unacceptable.

Are you renting or own? If renting get your landlord permission in writing before doing Airbnb when you eventually do.


#3

Thanks for taking the time to reply kona!

The host was in charge of renting the house when the owner was alive. However, after owner passed away, owner’s family opted to stop paying the mortgage and let it default. Meanwhile, host pockets the cash (this money should be going to the mortgaging bank anyway, shouldn’t it?). There has been a paper notice taped on the door saying the bank has already taken this to court and taken ownership of the property, and that the property would be auctioned, but the host just removed the paper and returned to business as usual.

I contacted my realtor (who helped me purchase the home next to this problem neighbor property), but he can’t find any foreclosure filings.

I agree with the holding off on AirBnb my own property - I won’t until I need to move out (not anytime soon, touch wood)


#4

It may be in pre foreclosure. Depending on the laws of your state, it sounds like it is non judicial which means it could happen soon and that is better for you. If it were judicial that could be years! So it’s good for you if it’s going to auction soon. It’s just going to proceed. Just taking the paper down ain’t gunna do nothing. Stupid fool is living on borrowed time because they will come and lock it up as soon as the auction is completed. Then not only will he lose all his Airbnb business but his stupid a@@ will also be out on the street.

Well, the renter is just squatting now and no one is paying attention. Often the foreclosing mortgagee will send out a security detail to check on the house and make sure squatters are not present. Sometimes they will enter the home, remove everything and lock it up. If the host can provide evidence of a valid lease agreeement with the deceased owner, they could be granted another 90 days by law if they are savvy enough to know about that.

It’s goung to be over soon. So hang tight. You may be able to check on the status of the foreclosure by logging on to your county’s website. These are public records.

The reason I know so much about foreclosure is that I lived through one and managed to escape losing my home!

DO call a tow truck for anyone who blocks your driveway or parks on your property!


#5

I would also suggest you put up a wall or fence between your properties at the front so his ‘guests’ can’t park on the shared driveway.

Don’t know how it works where you live, but here our local council can and do go around and stop parties. You may need to keep a diary about noise nuisance. They can they take action against the owners for noise abatement.

In your situation, I would go your local media about this story if Airbnb refuse to close the listing down. From what you say, this guy is in effect squatting this property and using it as an Airbnb (of course you would need to know he is there without the owners permission).

I am surprised this issue didn’t come up when your solicitor was doing their local searches. Did none of the neighbours mention noise issues so you when you checked out the local neighbourhood?


#6

I’m just a wee bit curious as to who is paying for the electricity and water on a foreclosed property? Do the toilets and lights still work? My condolences for having to live next door to this situation and I hope it will be resolved soon.


#7

Probably the host, who was the renter of the property. I don’t th8nk the OP will have to live with this too much longer.

What is the state you are living in? If non judicial, this shouldn’t take that much longer.


#8

I live in a Seattle neighborhood, so density is pretty high/space is low. I would love to put up a fence, but the driveway would be too tight to open my passenger side door. Also because this is Seattle, the police are spread pretty thin (but yes, neighbors always call the cops when these parties happen because we are all close together).

Local media sounds like an interesting idea, but that would call attention to me and my neighborhood and we all really just want to live in peace.

Now that you mention it, this is technically squatting isn’t it? I will try and see if I can report this to the enforcement authority for housing code in Seattle (gotta do some research).


#9

Pretty sure the host is paying, I don’t think the utility companies care who is paying the bill as long as it is paid. Thanks for the condolences :slight_smile: But I think I recall reading from the paper posted on the door that one time that the owner still has a “redemption period” of 8 months from the time of auction, so I will have to suffer through a Seattle summer with these problems… I imagine the property will be occupied every day of the week when the summer hits, as opposed to just weekends and occasional long stays :frowning:


#10

But you said the owner is deceased. The tenant does NOT have any right of redemption. That’s for the owner of the property. This means that there might be such remedies as mediation, loan modifications, etc. offered to the OWNER of the property. The person renting it has no rights unless they can present a valid lease agreement they signed with the owner. Then they may, depending upon the state, receive a max of 90 days there.

If the owner were alive that would be a different story. Then it might take months to foreclose. But no one is going to apply for remedy on this house.

You are a non judicial state. This foreclosure auction will happen soon. The lender will get a credit bid, which means they take it back before anyone else. If you see another notice on the door, try to get a photo of it. Look up your county’s foreclosure status online. It should be easy to find.

I am assuming you reported or flagged this listing to Airbnb. You may PM me the listing so I can submit a flag too.


#11

Find the lender and report it!!! They will respond immediately.

We had a foreclosure on the street here where the owner losing the house began gutting and stripping it. I mean he was going to take the paint off the walls if he could. My neighbor found the lender, called them and they sent the police.


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