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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17447
Experience:  B.A.; M.B.A.; J.D.
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IN GEORGIA - My house was foreclosed upon in January and I

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IN GEORGIA - My house was foreclosed upon in January and I had a tenant renting the house and I held possession of the land, barn and detached garage. I was never served any foreclosure papers and found out about the foreclosure from the tenant who was contacted by a RE agent and told to stop paying me rent. The bank worked out a deal with the tenants to get them to move (3 banks along with a trust are listed on the foreclosure and RE agent will not give me a contact person or even tell me what bank owns it) . I again told the RE agent I was still in possession of the property, I had horses and personal property on the land and I need someone at the bank to call me. He continues to say he is forwarding my written requests and said i told you to move your stuff. I told him I need a call from the bank or they need to serve me and evict me. Out of the blue and with no notice, service or writ, a company shows up on my property and were in the process of taking the horses when we showed up. I have over 20K in property missing. I filed a police report. The person that was there when we arrived said he works for a clean out company but did not know who took my stuff or where it is. He said they determined the property was abandoned Lawn cut, live well cared for horses, the house locked up with my lock, power and lights on in my name and a ton of very valuable stuff. no one from the "CLEAN OUT" company will call and the RE agent still refuses to give me a contact at the bank or even tell me what bank it is. What do I do.
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IN GEORGIA - My house was foreclosed upon in January and I had a tenant renting the house and I held possession of the land, barn and detached garage. I was never served any foreclosure papers and found out about the foreclosure from the tenant who was contacted by a RE agent and told to stop paying me rent. The bank worked out a deal with the tenants to get them to move (3 banks along with a trust are listed on the foreclosure and RE agent will not give me a contact person or even tell me what bank owns it) . I again told the RE agent I was still in possession of the property, I had horses and personal property on the land and I need someone at the bank to call me. He continues to say he is forwarding my written requests and said i told you to move your stuff. I told him I need a call from the bank or they need to serve me and evict me. Out of the blue and with no notice, service or writ, a company shows up on my property and were in the process of taking the horses when we showed up. I have over 20K in property missing. I filed a police report. The person that was there when we arrived said he works for a clean out company but did not know who took my stuff or where it is. He said they determined the property was abandoned Lawn cut, live well cared for horses, the house locked up with my lock, power and lights on in my name and a ton of very valuable stuff. no one from the "CLEAN OUT" company will call and the RE agent still refuses to give me a contact at the bank or even tell me what bank it is. What do I do.


Response: I am sorry to hear about your troubles. Sadly, this has become common occurrence. You need to sue the bank for wrongful foreclosure for not giving you prior notice before the foreclosure sale in violation of Official Code of Georgia Section 44-14-162, which requires a fifteen-day notice to the borrower before the foreclosure sale by registered or certified mail or statutory overnight delivery and for recovery of your personal items. You may consider retaining the services of a local consumer Attorney or real estate Attorney to sue the bank. Your property could have been abandoned when you had a Tenant paying you rent, you maintained the property, kept the lights and water running, etc. The bank cannot be allowed to get away with stealing your hard earned personal assets.



You can use the following sites to find local consumer Attorneys or real estate litigation Attorneys:



http://www.naca.net



http://www.justia.com



http://www.lawyers.com



.

Customer: replied 3 years ago.

how do I stop them NOW. They plan on continuing to clean my stuff out and I have to go to work. I am a cop so I understand basic law and eviction statues but I have no way of knowing WHO IS DOING THIS or how to stop them.

how do I stop them NOW. They plan on continuing to clean my stuff out and I have to go to work. I am a cop so I understand basic law and eviction statues but I have no way of knowing WHO IS DOING THIS or how to stop them.


Response: You need to file for Preliminary Injunction (Restraining Order)against the bank and its agent, which include the real estate agent the cleaning out company. The real estate agent knows exactly who is doing this and could possibly be the one that hired the "cleaning out company." So, any Application for Injunction should include the real estate agent.


In order to be successful in getting the Court to grant your application for injunctive relief, you must show (1) that it is more likely than not that you would prevail on the merits when the case finally goes to trial; (2) that irreparable damage will be done to you. That is, money cannot cure any mistake the Court would make in not issuing the injunction and letting the cleaning company get rid of irreplaceable personal items; (3) that the balance of hardships of issuing the injunction or not issuing the injunction tips in your favor; and (4) that it would be in the public interest for the Court to issue the injunction. The Public has interest in making sure that the bank does not conduct foreclosures without giving notices to homeowners and then proceed to steal homeowners' belongings by falsely claiming that the properties in question have been abandoned eventhough any reasonable person could tell in five minutes that the properties have not been abandoned.

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