I'm sure you'll remember me... I've bought a REO occupied home March 2012. I tried to evict the previous owners many many times after they delay the process by appealing eviction then going through a series of bankruptcy filing. I finally got the bankruptcy judge to order a 'in rem' relief (your suggestion) after their abuse of the system.
Now they have filed a complaint toward the bank and I filed at the district court. The previous owners claim that the bank wrongfully foreclosed their home. They filed the complaint on August 7 along with a TRO request. The TRO request was sent back unsigned on August 12.
What does this mean when the judge did not sign the TRO and "returned unsigned"?
Also they have not served any of the defendants they are filing a complaint on. Do they have a time limit to serve us? Its been 2 weeks since the complaint, but still have not served us.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
Once the stay has modified, you are free to file an eviction process.
You indicated they filed a 'complaint'
Where did they file a complaint?
Bankruptcy? State court?
What is your question for me?
Your answer is that you were a purchaser in due course, in either situation. The complaint is really against the lender. The lender will show proper service and proper foreclosure proceedings, and would likely prevail if they did things by the book.
You should hire a real estate attorney to review the matter. They can contact the bank's attorney to see where they stand as well.
It shouldn't be a big deal at this point. They are grasping at straws it seems.
They filed at district court.
So What does this mean when the judge did not sign the TRO and "returned unsigned"?
Also, they have not served any of us (6 banks and me). Do they have a time limit on when they need to serve us by?
They filed complaint on August 7, so it has been 2 weeks and they have not served us.
service can vary. Since the judge did not sign the tro, it isn't in effect.
You can proceed with the eviction
yes, they have to properly serve you in order for you to file your appearance, or the case will be dismissed
Let me know if you have any other questions
Usually how long does it take for the case to be dismissed if the defendants were never served?
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