Hello. I reside in the state of OR. I became a tenant of a rental property in which the landlord
had already foreclosed upon but failed to make mention of this information, moving me in anyway. Long story short, in the state of OR this is considered fraud.
A small claims ruling for Multnomah County, OR was filed and ruled in my favor. The landlord violated Or. Rev. Stat. 90.310. The final ruling on the claim was $6550 (Rental Payments: $3800, Security Deposit: $400, HOA Move Out Fee: $400, New Application Fee: $45, Variation in rent
for remaining 7-mo term: $665, Inconvenience/cost/time for moving: $1240).
This amount was later reduced to $4200 through a mediation agreement with contingency (6/15: pay $2200, 7/15: pay $500, 8/16: pay $500, 9/15: pay $500, 10/15: pay $500). Failing to meet such contingencies requires the amount to reverted back to the original $6550, less the amount received.
The Defendant failed to comply with the mediation agreement (SLR 12.035) and thus a Noncompliance Affidavit was filed. The Judgement General created a lien based on non-compliance. The Defendant now owes to me $3176.54 of which over a years time I have tried to collect but have not received.
The Defendant has since filed for bankruptcy, including this small claims ruling on his bankruptcy filing. I would like to know if this can be included in a bankruptcy filing. Often times, claims associated with fraud cannot but I am uncertain of this.
In order for me to file against the bankruptcy, the paperwork needs to be file, along with an expenditure of an additional $300 for filing fees.
Please let me know if legally if I have any ground to stand on to file in opposition to this.
I have the papers if you would like to read through them to make better sense of this.