The rent is paid but the mortgage is not...

knotworx

New member
Dec 10, 2006
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Hello all,

I have a concerning situation and I hope I can get some advice from someone here about how to proceed.

I've been living in an apartment in Santiago for about 16 months now. I have paid my rent on time every month since I moved in. The original contract was for one year. When it came time for me to renew the contract in September, I was told to add another 500 pesos a month to what I was paying and that a new contract was not needed. I actually didn't like that scenario but being busy I just said okay thinking I would get around to forcing the issue later down the road.

Here's my problem. I have been receiving notices from the bank that the owner has his loan from. As of December 1st these notices indicate that he is two months behind on his mortgage. So though I'm paying my rent on time the owner is not paying his mortgage on time.

I don't know anything about Dominican law in these cases. I know in the U.S. I could be forced out of the apartment and my belongings seized depending on the local law. I would like to know what are my rights if any in this situation.

Oh and the obvious approach of contacting the owner is not easy. I don't have his contact information directly and his representative here on the island had changed his original number which I did have on a cell phone that has since been stolen (what luck ;-). I pay direct to the representative's BancoPopular account which has been the case for the past 16 months without incident. I suppose if I don't pay in January when it's due he might call me ;-)

The bank, Asociacion de Cibao, who has the loan only has the address of the apartment I live in as the contact address for the owner. And none of my neighbors know how to contact him either.

Please let me know if should I be concerned and if so what options do I have. Thanks for taking time out to read my posting.

knotworx
 

Hillbilly

Moderator
Jan 1, 2002
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Be concerned.
Do not pay any more rent, use up your deposit and find a new place.
Get out while the getting is good. Don't say anything to anyone.

HB
 

Lambada

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Mar 4, 2004
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Agree with the above. Specifically to protect yourself, don't tell anyone where you are moving to. We don't want you being used as a pawn because they can't get hold of the owner's representative or the owner.
 

knotworx

New member
Dec 10, 2006
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Hmm... Well I'm very afraid now!

So here's the update. I spoke with my assistant today about following up on this. According to her the bank just received (I'm guessing Thursday or Friday since she spoke with them last on Wed) mortgage payments for the last two months.

That said the urgency is less but my concern is still high as I don't see why paying the mortgage should be a problem if I'm paying my rent on time.

I will look for some other places to rent while I consider the advise everyone has given me.

If anyone has any good leads on rentals in Santiago please let me know. Thanks!

knotworx
 

Lambada

Gold
Mar 4, 2004
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OK the payment certainly takes the heat out of the situation, so you don't need to be afraid. What you do need to do is protect yourself: it could have been a simple delay in payment caused through the rep. being in hospital or something like that. But as in all these situations, the only way you can go into 'damage control' mode is to preempt any difficulties before they arise & to do that you need owner's & rep's contact details. There have been situations where the owner is the innocent party, living abroad, & the rep. is the person pocketing the rent. The bank will go after the person who has the mortgage with them but if they can't contact him, then........who knows? It is somewhat worrying that the mortgagee/owner has not provided the bank with a contact address. Could be an oversight, of course, but might not be.

Anyway, simpler for you if you rent where there are no hassles. Have a look at DR1 Rentals section to see if there is anything there for Santiago.

No need for panic stations but a good wake up call to remind you to cover all angles. You'll learn from this one what to look for next time. Good luck with the apartment hunting! :)
 

Hillbilly

Moderator
Jan 1, 2002
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Send me a PM and I'll put you in touch with two nice RE agents...no bs required about renting...

HB