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The Advocate | Need legal help / knowledge? |
Landlord / Tenant situation. My owner / landlord quit paying his mortgage, maybe even skipped town, can't get him.
I've paid him ahead of time for 2 yrs. over $1,000 per mo.
Last Sat. some female knocked on my door, no appointment,
etc. I do not know who she was. She volunteered nothing about who she was, and threw some papers on the concrete. The paper did not look like a court document, but it gave a vacate in 21 days notice.
Am I about to have all my furniture, computer, personal effects, etc. on the street when I come home one day soon ?
Can I go to the local sheriff's department and find out what is going on ?
What is the process ? Can the mortgage company break in and throw my things out before Oct. 15th, my next rent due date ? I obviously plan to vacate then, but meanwhile cannot sleep or work. I think about this all day trying to work.
Sleepless |
 |
 
goz1111
 |
sounds like you have a major problem, once the place is foreclosed upon and the first note takes title all other notes, liens, leases that are junior are wiped out. Exceptions on liens by state, or local municipality are not wiped out
so you have no lease, but the new owners can not just kick you out by themselves they will need the court and a sheriff officer to do it, but it does not sound like you may have much time, call your local court house to see if you are on the docket for an eviction,
your rent due date is immaterial at this point, but the date of a court hearing |
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sparkles
 |
First the paperwork you received must have a name and address. If the name is you then the vacate notice is something for you if the paperwork has your owner's name then it has to do with him. However, if the house was foreclosed you would have received some type of notice placed on the property. The paperwork should have the name of the issuing person. You must investigate and make an attempt to contact them. If it is a foreclosure situation go on line and type in foreclosures put in the address, city and sate and zip code. It will show up on the listing if it is a foreclosure other wise it is something else and perhaps not for you. Also vacate notices usually have a court order in which case you can contact the court direct for more information. I am sorry for you and know this is really traumatice. Good Luck! |
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sam r
 |
sounds like Fla. i remember getting a 10 day notice.every states different.cant you consult a lawyer? you have to go to your county courthouse and they can tell you. but by all means talk to the sheriffs, don't let them push you around. call or go to legal aide. |
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mr.answerman
 |
The problem here is that the lease you signed is between you and your landlord. This is not between you and the bank. Yes they can kick you out because of landlord default. However, since you paid rent in advance I bet you can sue your landlord. You need to talk to an attorney that deals in this sort of thing. If you sue perhaps the lawyer will simply take a percentage. |
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diesel6999999
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Go to the court in question ,with proof of residence in hand, and get all paper work regarding that address ( public records), you will have to pay if the clerk makes copies. Those doc's should give you dates, and times. In any event, if you find you do not have enough time to move, call a lawyer! Good Luck! |
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ryet_grrrl
|
This happened to me on August 1 and it turned out OK. In fact, the bank gave us $2,000 to move out before the 30 day notice was up. Also, the owner had to return our security deposit.
The person who knocked on your door was a process server. Look at the document she served you, there should be an attorney's name and possibly phone #. Call the attorney and let him'her know that you are a renter, not owner of the house. The laws are different for renters. The attorney will probably ask you to fax a copy of your lease.
NOONE CAN THROW YOUR STUFF OUR OR LOCK YOU OUT WITHOUT A COURT ORDER. When the 21 days are up, they will not throw your stuff out. They will serve you with a summons. This is expensive for the mortgage company, chances are they will pay you to get out sooner. If you are still living there, you have 5 days to file a response. If you have a new place to live, move ASAP. If not, file the response and you will be assigned a court date. You will lose the eviction case but the judge will probably give you 10-14 days to move. Use this legal process only to buy yourself time. |
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misslilprincess33
 |
I say go to your sherrifs department or local police and see whats going on. If this girl was someone random who didnt have the curtesy to tell you where she was from and threw papers on the floor is probably not to believeable. |
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bostonianinmo
 |
You have a prepaid lease for 2 years. That's when they can put you out. Hopefully you kept a copy of your lease and proof of payment of the rent. Your lease will survive any foreclosure action; the new owner must honor it. |
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Phil
|
If you can't reach your landlord, you should go to the police. What may happen is, by the due date, the creditor will get a locksmith to replace the door locks and take over the property. |
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kaffegeek
|
the mortgage company can do nothing, call your state attorney general for tenant rights info.
inform the mortage co in certified mail of you situation adn rights.
do you have recipts for the rent ? if not you are screwed on the "advance" rent.
or it can take 3-6 months to evict a tenant,so, pay ZERO and save up for a deposit on a reposessed condo or small house !!!
read daveramsey.com , saynotobankruptcy.com and ricedelman.com for kewel stuph |
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Chris L
|
If you signed a lease with the landlord, then the landlord has an obligation to provide you with housing until the end of the lease, or give you 30 days notice to vacate. If this is the case, then you may be able to take legal action against your landlord.
However, if you are renting on a month-to-month casual basis (which it seems like), it seems like you are out of luck. Contact the organisation or people who left the vacate notice and ask them what is happening. You should treat the notice seriously and enforceable by a court of law. I would start searching for a new place immediately.
You are not responsible for the mortgage, unless you are a cosignor for it. The mortgage company can not do anything to your stuff. It looks like a 3rd party (wherever the lady with the papers came from) has negotiated with the company to take over the mortgage, or something to that effect. Just be out in 21 days, and you have no reason to worry about your stuff. |
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