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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33769
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Eviction, I'm a victim of foreclosure scam! The estate

Customer Question

Eviction
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: I'm a victim of foreclosure scam! The estate representative in Florida gave me a 3 day notice to quit. What rights do I have?
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you give me some more details about your situation?

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Were you buying your home and were unable to make the payments?

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Where does an estate come into play here?

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I need some more of the back story to figure out where you are and what your options are...

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thanks

Barrister

Customer: replied 5 months ago.
On 03/01/2016 I entered a lease agreement with someone that I thought was the owner of the property. Yesterday I was told that the owner actually passed away in December of 2015. The son of the personal representative of Harry Berg (deceased) estate posted a 3 notice to quit on my door. The foreclosure actually took place on 4/5/2016. What are my rights?
Expert:  Barrister replied 5 months ago.

Who did you enter into the lease agreement with?

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What do you mean by the foreclosure took place in Dec of 2015?

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Who was foreclosed on...the person who entered the lease with you?

Customer: replied 5 months ago.
I entered the agreement with a guy claiming to be Harry Berg who has been deceased since 12/2015. I was informed that a foreclosure lawsuit was file against Harry Berg the (deceased) 04/05/2016 for the property I'm residing in. However, Mr. Berg personal representative over his estate (Marlene Zajan ) served me a 3 day written notice to quit the property. No legal complaints for eviction has been filed with the courts at this time.
Expert:  Barrister replied 5 months ago.

Ok, if you were a victim of fraud, then if you don't have any idea who this person is or how to reach them it may be difficult to hold them accountable for their actions.

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But unfortunately, legally if your lease is not with the actual owner of the property, then it wouldn't be valid and the true owner can terminate your tenancy with proper notice and then evict through the courts.

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However, the representative for the estate would have to evict you as a squatter, which requires a written 15 day notice to vacate in FL before the owner can file a formal eviction action in court, which takes about 3-4 weeks additional before the sheriff could physically evict anyone living there.

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thanks

Barrister

Customer: replied 5 months ago.
a 15 day written notice plus an additional 3-4 wks filing through the courts ?
Expert:  Barrister replied 5 months ago.

So a 15 day written notice plus an additional 3-4 wks filing through the courts ?

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Correct. That is what it would take to legally undertake an eviction.

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thanks

Barrister

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