do i have any legal options. can i move before they kick me out of the house??
2007-09-15 13:16:27 · 8 answers · asked by amanda 4 in Business & Finance ➔ Renting & Real Estate
i called her and confronted her but she denies it.
2007-09-15 13:17:04 · update #1
the post card came to my house addressed to her
2007-09-15 13:54:22 · update #2
The post card states she will be served with the papers. Not that the postcard is the forclosure papers
2007-09-16 04:46:35 · update #3
The sheriff's office doesn't use a postcard, they serve the summons directly in your hand and you sign off. Then they send a letter with a copy of the papers, you get 2 summons. One must be by hand! Never a post card. Someone is trying to cause trouble and mess you up.
2007-09-15 14:51:36 · answer #1 · answered by Pantherempress 7 · 0⤊ 0⤋
I find it very odd that she would get a post card from the sheriff's office for this sort of thing. How do you know this to be true? Did you see it?
As for any legal options, you might look at your lease agreement to see what the terms are for not having to honor the lease. It should give you some idea of what can and cannot be done, legally.
Other than that, you might have to consult a lawyer, or just move and take your chances that you don't get sued for breaking the lease.
2007-09-15 13:33:45 · answer #2 · answered by Anabanana 3 · 0⤊ 0⤋
1. Do you have a lease? If you are in a lease, no you cannot just move. You are still in a legal contract.
2. How do you know she got served a post card? Did it come to your house? Why would you confront her? Even if she did get served you still have a contract with her and have to pay your rent.
3. Even if they forclosed on the house, the bank would be your landlord and has to honor your lease, so you would then pay rent to them. If you have no lease, the bank still has to give you 30 days notice to move.
2007-09-15 13:23:12 · answer #3 · answered by kimmamarie 5 · 0⤊ 0⤋
Each state is different, but if you are living at the address that is being foreclosed, take proof to the court clerk that sent this card, you can use mail addressed to you, with a picture I.D., and prove you are a tenant at that address. Under the law in every state, there are tenants rights. They will direct you as to where to get the info you need. They can not give you legal advice, but they are allowed to direct you to the doc's informing you of your rights as a tenant in your state. Hope this helps! Good Luck!
2007-09-15 13:43:44 · answer #4 · answered by Anonymous · 0⤊ 0⤋
First off the Sheriff doesn't notify people of foreclosure by postcard. If you saw a postcard to that effect, someone is winding someone up.
If you have a lease, your lease will survive any foreclosure. If you are month-to-month you'll be notified when you will have to move. The bank or other owner must give you the statutory notice, typically 30 days.
2007-09-15 13:23:24 · answer #5 · answered by Bostonian In MO 7 · 4⤊ 0⤋
I glanced at some of the answers that were already listed and the one who says the sheriff doesn't serve you with foreclosure papers is a crock. They DO serve you with foreclosure papers, they have to, in order to inform you that the house is being REPOSSESSED and a sale date has already been set. You are in trouble, I can guarantee that. Sadly your landlord is the one responsible for you not having a place to live anymore, however you do have legal options against your landlord.
If you are still under a lease, regardless of what the idiot said, the bank foreclosing does not have to honor your lease. It is THEIR property and they foreclosed on it on the borrower not you, you are inconsequential and a third party. It has been my experience the bank does not want a property with anyone living in it, because it affects the marketability of the property. They are going to make you leave.
If you have a lease with the current owners of the property they are the ones who have to honor it, however since the bank is repossessing the house they no longer own the property and since the sherriff has already been out to serve papers, the sale date is probably 30 days away or less. Where I live sale dates are within one week of the actual notification of the homeowner. My suggestion to you is take your current landlord to court and sue for cost of moving expenses including your new deposit and rent for your new home as they are responsible for putting you in this position to begin with.
-Em
2007-09-15 13:33:38 · answer #6 · answered by emeraldseye 4 · 0⤊ 3⤋
I'm licensed in real estate and been at it since the 70's and I've never heard of process serving by postcard you best go look at this link
Dreams Foreclosed – Scams about foreclosures – A pamphlet: http://www.consumerlaw.org/news/ForeclosureReportFinal.pdf
Good luck on your research
2007-09-15 14:52:28 · answer #7 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Amanda, you were looking at some sort of junk mail. Nothing along these lines is done via post card. Don't worry about it.
2007-09-15 14:23:58 · answer #8 · answered by Anonymous · 2⤊ 0⤋