Foreclosure nightmare

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Permalink Reply by L on August 18, 2010 at 11:38pm

Call Legal Aid. They might be able to help you & your mother.

There is a Protecting Tenants In Foreclosure Law that Obama signed in May 2009. If you google that, you will see lots of information.

You have rights and protections, but many judges are unaware of this law and must be informed so they can protect your rights.

Please print out some info on this law and call Legal Aid. You will need a copy of your lease for the attorney and any copies from the foreclosure case that you have received.

If Legal Aid can't help, let us know and we can brainstorm further.

Good luck to you both.

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Permalink Reply by judith mclendon on August 19, 2010 at 10:15pm

legal aide won't help they say 2000 dollars a month is to much money for them to help

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Permalink Reply by judith mclendon on August 28, 2010 at 1:16am

legal aid won't help and i called elderly law and can't even get a call back

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Permalink Reply by James M on August 27, 2010 at 7:26pm

I am not a lawyer, but I suggest you DO not pay rent. The landlord committed fraud when entering into a contract with you by not telling you about the ongoing action.

Do you know when the case commenced ? Notice should have case number and you can look it up in the county court records.

Also, if landlord not making mortgage payments you are unlikely to get first, last and security back, so hold rent back against your deposits, security and cost of moving again.

What's the worst that will happen? Landlord attempts to evicts her? That's not happening because his standing for such an action has been terminated by the court.

Contact your county's ELDER SERVICES. They often have direct access to attorneys who can represent the elderly in such cases. You probably need an emergency motion to stay the proceedings or eviction. ELDER SERVICES should be able to help.

While down town, file criminal complaint against landlord for fraud. Put the landlord away on criminal fraud and theft charges. They knew they were losing the place, had probably already lost a SJ hearing, and were taking your money under false pretense.

Tap ELDER SERVICES right away - they should spearhead finding the right avenue and legal advice, that is their job. Good luck.

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Permalink Reply by judith mclendon on August 28, 2010 at 1:06am

the place went into foreclosure in feb. she had a tenanat till may and had her evicted for non payment of rent and now it goes up for bid date in court on Aug. 30 this year i did not pay aug rent and told her that i wasn't going to till i see what the court says. I wrote a letter to the judge explaining how i just moved in in june and that she or her realator had disclosed the property in foreclosure . I told my landlord that i had written to the judge and she told me i might have gotten her in trouble with the bank because she was trying for a loan modification and she told them she resided on this property. so she is definetly a weasel. I called elder law three times and they won't get back to me. I want to get the homeowners assoc. too because they did not tell me either and i had to give them the security for the place and they were trying to tell the landlord for me not to give them the security for her to give it to them because if i gave it they have to give it back to me and if she gave it they would give it back to her and she said she didn't want to mess with it so i'm sure she knew i WOULD take her to court for it.

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Permalink Reply by James M on August 28, 2010 at 11:36am

It would help if you could use standard English and simple sentences. From what I understand, both the landlord or HOA were happy to take your money and neither told you the place was in foreclosure.

A letter to the judge will not help. Unless it is a proper motion or pleading with the court the judge won't look at it.

I suggest you stir up the pot by filing criminal complaints against both the HOA and the landlord for taking your money under false pretenses. They may tell you it is a civil action but theft by deception is criminal. You should not frame your argument as one of landlord/tenant which is civil but one of simple theft by deception.

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Permalink Reply by judith mclendon on August 28, 2010 at 10:35pm

Thats worth a try expecially since the lease is in my 95 year old mothers name and I'm a resident tenant on the lease.I.ve decided not to ask the judge for an extention I would rather deal with the bank.But I'm going to show up for the court bid date to be sure what is going on.

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