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Anonymous #1

home eviction process
    #18824021 - 09/10/13 03:54 PM (10 years, 5 months ago)

So I'm living in a foreclosed home that is nearing its end.

I'm under the impression that the Sheriff will knock on my door and hand me a paper basically saying you have x amount of time to gtfo.
That's what ive been told at least.

I just got some mail from a law office claiming we have 14 days to vacate or else they will "commense" the eviction process OR 90 days if we can show bonafide proof of ownership.

How should I read this?
I haven't had a Sheriff knock on my door yet so I don't know if I should pack up and leave or wait till the Sheriff comes to me.

This is an Indiana home btw if that matters.

Any insight is appreciated :heart:


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Anonymous #2

Re: home eviction process [Re: Anonymous #1]
    #18824157 - 09/10/13 04:36 PM (10 years, 5 months ago)

Are you renting or do you own?

Do you who the owner is?

Do you know if there is a foreclosure?

Are you a senior citizen?

What are the county regulations?

There are lots of factors.
Some places eviction is simple and quick.  No rent?  Well off you go!
Some places it can take a long long time while you are paying taxes and losing rent.

A lot of the time you can negotiate to start paying rent.

If someone else is renting the place and you are just living there there are lots of options on the table to you.

Similarly if you have a rental agreement on file there are options but you probably aren't paying rent so those options are not open to you.

If you are elderly there are options.

Anyway.  I need more info. 

Also do you have good credit?  Or is it really really bad?  Like you already have evictions on your credit report?


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Anonymous #2

Re: home eviction process [Re: Anonymous #1]
    #18824181 - 09/10/13 04:42 PM (10 years, 5 months ago)

Forclosure?

If you name isn't on the house.  I'd get out by the end of 14 days and move your address somewhere else.  Get your stuff and go.

If your name is on the house.  Try and negotiate money for keys.  Depending on the house you can get some cash.


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Anonymous #1

Re: home eviction process [Re: Anonymous #2]
    #18824269 - 09/10/13 05:00 PM (10 years, 5 months ago)

My parents own(ed) the home.
They split both got separate places and stopped paying this mortgage.

I'm living here,they don't live here anymore.

In late July a man offered me 14 days to clean the place out and leave for 1000 bucks...Didn't do it for various reasons.

Last week I came home to some guys drilling my front door lock off.
I told then I am still living here till the Sheriff boots me. They said the realtor or bank thought noone was living here...They gave me the pair of keys for the new lock they put on and went on their way.

Now I her his notice from a law office...
Still no actual notice from the Sheriff though so I don't know what to make of this.
Obviously my days are numbered but just seeing if I have more than 14 days...


Edited by Anonymous (09/10/13 05:32 PM)


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Re: home eviction process [Re: Anonymous #1]
    #18826810 - 09/11/13 08:04 AM (10 years, 5 months ago)

The letter is telling you to move out in 14 days or they will file an unlawful detainer action against you.  That is the cause of action that is commonly called "eviction."  Until that has been filed, you have never had a landlord evict you. 

If they file, it'll take 1-2 months before the process is completed and a sheriff comes to force you out. 

So, your choice is:

1. Stay beyond the 14 days -  This gives you a bit more time of living rent-free, and to find a new place.  Unfortunately, it leaves you with an eviction on your record which will make it harder to rent in the future.

2. Move before the 14 days expires - You have less time and have to move faster, but you avoid having an eviction on your record.

3. Negotiate more time - This option is the best if you can work it out.  Basically, you call up the law office and say, "I'm willing to move voluntarily, but I need a little more time."  They don't really want to have to file and spend the day in court, so they're likely to give you a reasonable amount of time.  They aren't going to give you months, but they will most likely give you 30 days.  The sooner you make that call, the better, because if they refuse to work with you, you will need this time to find a new place.


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Anonymous #1

Re: home eviction process [Re: Enlil]
    #18827978 - 09/11/13 02:17 PM (10 years, 5 months ago)

Well its under my parents name and they already have new places, so this shouldn't affect my status at all if I choose option one correct?

And thanks for your response Enlil.


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Re: home eviction process [Re: Anonymous #1]
    #18828061 - 09/11/13 02:34 PM (10 years, 5 months ago)

Incorrect.  YOU will be the one evicted.  It doesn't matter who owned the home.  All that matters is who has possession of the home.  They don't have to evict your parents because they don't live there.  YOU will be the one evicted.


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Anonymous #1

Re: home eviction process [Re: Enlil]
    #18829676 - 09/11/13 08:05 PM (10 years, 5 months ago)

Ahhh shit.

Looks like I'm gettin out in 14 days.
I asked for an extension they'll let me know by Friday.

Just curious how do they go about putting me on an evicted list?

I was under the impression the Sheriff would knock on my door, give me a paper that said get out by day X and that was it?


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Re: home eviction process [Re: Anonymous #1]
    #18829772 - 09/11/13 08:27 PM (10 years, 5 months ago)

No, a court has to issue an order to vacate which the sheriff will then serve.  That order can only be issued after a hearing.  Because court actions are public record, there are companies that gather information about unlawful detainer actions and store them in a database that landlords use to find out if a prospective tenant has ever been evicted.


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Anonymous #1

Re: home eviction process [Re: Enlil]
    #18829952 - 09/11/13 09:09 PM (10 years, 5 months ago)

Much appreciated.


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Anonymous #1

Re: home eviction process [Re: Enlil]
    #18830608 - 09/11/13 11:21 PM (10 years, 5 months ago)

Last question..

So I just gtfo? I don't have to call anyone or do anything other than pack my shit and leave?


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Re: home eviction process [Re: Anonymous #1]
    #18831191 - 09/12/13 05:00 AM (10 years, 5 months ago)

When you vacate, I would send a certified letter to the lawyer letting them know you're out.  I'd call the same day as well.

This is to cover your ass.  Sadly, I've known landlords who evict someone AFTER they've already vacated just so that they can get a money judgment against a tenant.  I seriously doubt they'd do that in a foreclosure situation because there's no money in it, but don't take chances.


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Re: home eviction process [Re: Enlil]
    #18831214 - 09/12/13 05:21 AM (10 years, 5 months ago)

I continue with evictions after the tenant has vacated knowing full well I'll likely never make a penny off of it.

This is based on my lawyers recommendation. His reasoning is that while a tenant can say they moved out, they may not have. As well they may move out, but move back in. Continuing with the eviction here ensures the Sheriff shows up on eviction day and if need be he or she will physically remove the resident. The Sheriff will also post a legal notice on the door which strengthens the penalties for a tenant who then returns to the property.

Further, continuing the eviction ensures the tenant makes it into the public record (as you point out). I want them there. I want to be able to look at the record and see a prospective tenant has been evicted so that I don't rent to them.


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You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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Re: home eviction process [Re: luvdemshrooms]
    #18831221 - 09/12/13 05:29 AM (10 years, 5 months ago)

I'm not talking about continuing the eviction process. I'm talking about landlords who FILE an unlawful detainer after the tenant has vacated.


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Re: home eviction process [Re: Enlil]
    #18831250 - 09/12/13 05:51 AM (10 years, 5 months ago)

So am I. It's just a way to cover my ass and it has the added benefit of getting a judgement quicker than I would otherwise.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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Re: home eviction process [Re: luvdemshrooms]
    #18831261 - 09/12/13 05:59 AM (10 years, 5 months ago)

Filing a UD after someone has already voluntarily left is unethical, immoral, and illegal in most states.  You should be ashamed of yourself.

You're basically giving someone a record of having been evicted even though they weren't evicted at all.  They left voluntarily before you evicted them.


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Re: home eviction process [Re: Enlil]
    #18831263 - 09/12/13 06:06 AM (10 years, 5 months ago)

Funny, I'm not ashamed of it at all.

I want them out permanently. I want it on the record. I want other landlords to not get stuck with the same problem. And best of all, it's quite legal AND secures a judgement.

I do everything I can legally do to remove my problems and to help others not have to go through what I did. I'm quite happy and content to do so, all while staying within the confines of the law.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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Re: home eviction process [Re: luvdemshrooms]
    #18831274 - 09/12/13 06:12 AM (10 years, 5 months ago)

I don't know what state you're in, but in California, it's illegal:

"If the defendant(s) vacate the premises . . . you must file a dismissal of the action."
http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CIVILFORMS/PKT022.PDF

Further, when you give notice to someone to leave, if they leave voluntarily within that time period, they weren't evicted.  I hope you get sued for abuse of process someday.  Your lawyer is DEAD WRONG if he advises you to file a UD after the tenant vacates.  In addition, if you're not properly serving the tenant at their NEW ADDRESS, you're compounding the issue.

More importantly, however, is that you create a false record of an eviction for someone who was never evicted.  If you're okay with punishing someone who voluntarily complies with your notice to quit by falsely saddling them with the record of an eviction, then you're morally bereft.


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Re: home eviction process [Re: Enlil]
    #18831283 - 09/12/13 06:20 AM (10 years, 5 months ago)

Then I'm a morally bereft landlord who operates within the law. I can live with that.

And by the way, a legal service here goes to the last known address, not the new address (which I may not even know). Nor is there a requirement that I file a dismissal.

I guess it's a good thing I don't live in CA.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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Re: home eviction process [Re: luvdemshrooms]
    #18831288 - 09/12/13 06:25 AM (10 years, 5 months ago)

Most likely, you're incorrect about the legality of it.  In any case, it doesn't matter.  Making false claims against someone is immoral.  It doesn't really matter if it's illegal or not.

I hope someday your credit reports falsely show you as having a dozen bankruptcies...then you'll be able to see how fun it is to have false shit on your record.


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