Foreclosure Occupants
My name is listed as the occupant in the court documents with a hearing date. Do I need an attorney?
The condo I was renting is going into foreclosure. There is an upcoming hearing and my name is listed along with “unknown occupant” as a defendant. Do I need an attorney? Do I bring documentation? I’ve had to save my would be rent for moving expenses and is not taking me to court since he’s losing the property anyway. I need to make plans for my family please help!
It sounds like an eviction proceeding. If you’re leaving anyway, it shouldn’t matter as long as you’ll be moving soon.
You can get an attorney if you like, and it’s never a bad idea when going to court. However, what you should consider doing is calling the plaintiff’s attorneys and talk to them about your exit date from the property. Negotiate that date before going to court.
They really don’t want to have to evict anyone, so if it’s nice and easy, they’ll like that. And, as long as you’ll be prepared to move in what they consider to be a reasonable amount of time, you shouldn’t have any problem.
They’ll likely go ahead with the court proceeding, setting a date at or shortly after the date you’ve agreed upon. This will give them the ability to take immediate action if you don’t vacate by them.
Bottom line — call them. You both want the same thing, for you to leave.
REALTORS CAUGHT IN THE ACT HOW TO EVICT OCCUPANTS UNDER FORECLOSURE!!!!!!
