That means - they serve you with a notice to quit that asks you leave within a certain time, and if you don't they have to file a petition and serve you the petition for an eviction There will be a court appearance scheduled, and you have a right to be represented by an attorney, so if you need more time, ask the judge for an adjournment - he HAS to give it to you . You assert your defenses and there will be an eviction TRIAL. There are all sorts of defenses, and in the end, you can even ask for more time to move if it will cause undue hardship and extreme stress on you and your family.
IF YOU ARE A TENANT....Obama passed a new PROTECTION ACT in 2012 - the new owner/landlord MUST GIVE YOU A 90 DAY NOTICE!!!! In that time frame, he/she CANNOT enter your home nor harrass you as you have the right to "Quiet Enjoyment". If he/she does, you complain to court He/SHE MUST TAKE CARE OF ALL MAINTENANCE ON THE PROPERTY or you do NOT HAVE TO PAY RENT. Keep records and photos. THis is a defense you must bring up - you must be a "bonafide tenant" or a month to month tenant - you must be paying rent and it must be "arm's length" - not renting from your mom, or something. Check you state laws, though. New York has assimilated this new law into their own and it is more comprehensive and affords greater protections.
1) you may want to talk to an attorney who can review your documents to make sure foreclosure was done properly. if it wasnt you MAY be able to void it.
The buyer has to serve you with a notice to pay or quit. You may be able to fight the foreclosure in the unlawful detainer action.
Is the buyer going to sell the property or live in it..
You want to talk to a real estate attorney in the same state that the home is in so that attorney will know the relevant laws.
Some attorneys have been very successfull as settleing fraudulent foreclosures.
***Ask them questions first - how many cases have you successfully negotiated/ settled.
The owner can evict the current occupant and if I remember the rules correctly this can happen in 10 days.
I would move out faster than that....not waiting until Feb 7th. You don't want an eviction on your record. The foreclosure is already bad enough. It will make renting and buying in the future extremely difficult. This is indeed an unfortunate situation, but you don't want to make it worse.
My thought would be she should offer the new owner rent for a short term lease until Feb 7th, so he won't harrass her. Of course get a signed lease before handing over any money. No cash....just checks. That way he gets paid, she has a place to live until she can move, and everybody wins.
IF IT WAS SOLD she does need to get plans to move workng. Eventually a Sherrif can show up with a court order and tell her she has 1 hour to get out. That happened to someone I was acquainted with that ignored their notices.
Good luck to you both. If you have any friends or family that have real estate question I would like to help them. Call me. Thank you, Kathleen (281) 799-4002
However, with that said, since the new owner clearly is being pushy, why not suggest that she is willing to take the pictures, and will send them to him electronically, provided he pays her a set amount. That way, he gets a glimpse of the work ahead, but the violations of her privacy are limited and she controls the matter. She and her children, pets and personal objects should not be in any photos... and remember you're taking pictures of the room, not the furniture.
I understand real estate agents can't provide legal counsel, but I appreciate the advice. We had not thought about the person calling her may not be the owner. She is concerned that they will show up at her house tomorrow. I will send her all of these responses and suggest she call the help line.
I would, however, call the police if the "new owner" insists on entering your home until you leave.
You do not know if this person is the true owner or just a contractor, and as a mother myself, I would not feel comfortable letting him in either.
Call the 211 assistance number, the county clerks desk, or a real estate attorney for further advice since we Realtors are not allowed to give legal advice.
She is lucky to have you as a friend looking out for her!
HOWEVER, now is not the time to move slowly. My advice is that she needs to expedite her move out---absolutely she does not want to have to go to court to defend herself. --------My additional advice is to contact the new owner and begin communication IMMEDIATELY. DIANA ALDERMAN, BROKER, HEARTHSTONE REALTY