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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 14511
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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I have signed a cash for keys with freddie mac, I am now being

Resolved Question:

I have signed a cash for keys with freddie mac, I am now being notified of unlawful detainer action (eviction) is being pursued regardless of my aggreement with freddie mac and 3 days is a short time. I did not want and eviction on my record and am willing going to be gone on the date stipulated in the cash for keys. Can I avoid the unlawful detainer action (eviction)? and adhere to the cash for keys timeline (30 days)
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Legalease replied 3 years ago.

Hello.

 

The notice of unlawful detainer action -- was that a letter from the lender (or their lawyer) or was it an actual summons from the court to appear in court?

 

 

--Mary

Customer: replied 3 years ago.
A letter from the lawyer hired by freddie mac, same one processing the cash for keys offer
Expert:  Legalease replied 3 years ago.

Hello again.

 

This is just their way of providing themselves with some "insurance" that you will actually leave the property on the date set forth in the cash for keys letter. This same thing happened to my sister in law -- they actually filed eviction papers with a court on her and they canceled it the day after my sister in law moved from the foreclosed house. Most lenders will not even pursue the eviction application into the court until they see whether or not you actually move out but they want to send the notices they are required to send under eviction law so that they do not waste any time in getting you out through court process if you decide not to take the money and leave on the date that you said you were going to do so. My suggestion is to send the lawfirm a letter and a copy of the cash for keys offer and simply state to them that you have every intention of leaving on the date of the agreement so long as they come through with their part of the contract and provide the check they agreed to deliver on that date. You will be absolutely fine here so long as you move out and I would be very surprised if they even bother to sign the matter up in court as further insurance (most lenders will NOT do that because they do not want to pay filing fees to the court if the matter will be canceled the day after you leave). The only time that you can end up with an actual eviction on your record is if the case is brought in court and it gets finished to a conclusion. You have nothing to worry about so long as you are out on the date in the "cash for keys" letter.

 

--Mary

 

 

GOOD LUCK

 

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THANK YOU

Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 14511
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Legalease and 4 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
I have moved my family out, the house is in excellent shape, we are just waiting out the remaining 13 days (July 12). for the final inspection, they get to mail the check after inspection. Posturing, threatening and creating a strong case is potentially damaging to me -- even if it is efficient for them and helps them in difficult cases I want to safeguard myself from over zealous actions. What can I do, what should I expect them to do? Would not signing the Agreed Judgement of Possession lead to a filing and receiving a citation from a deputy constable. The treat is that If I do not sign they will seek a judgement of possession and seek issuance of a writ of possession as quickly as permissible under Texas law - I assume that is 3 days.
I am I being paranoid or cautious?
Expert:  Legalease replied 3 years ago.

Hello --

 

If you have moved out of the house, you should contact them and ask them to move the cash for keys date up so that you can hand over the keys and get the check. I would not execute the document of agreement for possession UNLESS I had an assurance that this would not be filed with a court at all. Because you have already moved out you have nothing left to worry about here except to get your check and keep your name out of the courts. Talk to the lawyers and see if you can move the inspection up and simply get out of this as soon as possible.

 

--Mary

Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 14511
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Legalease and 4 other Real Estate Law Specialists are ready to help you

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