Q: I am in the process of renting a home and I want to be sure it’s not in foreclosure and that the property owner is in good standing with his bank and homeowner’s association. What can I do? – Iris

A: Probably the easiest way to make sure that your potential landlord is current with his lender is to ask to see his latest loan statement. While a landlord may be reluctant to share this information, tell him it’s justifiable for you to see it, given all the foreclosures on the market. You can also call the homeowner’s association and ask if your landlord is in good standing. Another option is to do a search of the public records and the clerk of the court website. In most counties, this information is freely available on the web and you will be able to see if a foreclosure lawsuit has been filed against your potential landlord. Also, remember that there are laws protecting a tenant’s rights to finish out her lease, even if the property is foreclosed. If you don't want to do the research yourself, hire an attorney to review your lease and do a little checking on the property and your potential landlord.

Q: I know who the servicer is for my loan, but I want to find out who the real owner is, as well as some other details of where my money went. Where do I start? – Anonymous

A: The best way to get this information is to send a letter called a Qualified Written Request or QWR. Under the Real Estate Settlement Procedures Act, or RESPA, borrowers may request certain information from their servicers, which must acknowledge the request within 20 days and comply with the request within 60 days. During the 60 days while the servicer is preparing the info, the lender may not report overdue payments to the credit bureaus. Information requested can include: payment and escrow amounts and history, other charges and expenses billed to the borrower and who the current holder of the note and mortgage is, as well as the transfer history. The actual law can be found at 12 U.S.C. 2605(e).

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. No attorney-client relationship is formed, nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction.

To follow Gary Singer on Twitter, click here.