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Jack R.
Jack R., Lawyer
Category: Real Estate Law
Satisfied Customers: 6147
Experience:  Mediator, part of the Ohio Save the Dream Foreclosure project
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I have a retired friend who is having a terrible time. She

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I have a retired friend who is having a terrible time. She lives in a townhouse and the other half is now bank owned and has become rat infested. She has paid professional exterminators to try to control the problem but to no avail. She is living with rats & the attic and ceilings are being destroyed with rat feces, etc.

The homeowners association can't seem to find exactly which bank owns the property for some reason.

How can I help her, is it possible for her to somehow get this taken care of & possibly be compensated for her expenses? (much less change the terrible condition of her life right now).

This is in Florida.
Thank you for choosing just Answer. My name is XXXXX XXXXX I can assist you.

Unfortunately other than the county building inspector or health department your friend will have to do some leg work to find the owner and sue for damages and order to get the nuisance abated.

Your friend will need to track down the current owner of the property. If your friend knows the prior owners name she can call the county court to see if there was a foreclosure filed against the property. The plaintiff in the foreclosure is likely the current owner of the property. If there was a foreclosure she can ask if there was a Sheriff's sale of the property and determine who the current owner is.

Your friend can also check the tax records for the County to see whom they have as the owner of the property.

Your friend can also contact the county recorders office to see who has a mortgage lien on the deed. This may be the current owner.

Once your friend has the name of the potential owners, she can try to contact the former owner, the plaintiff in foreclosure, and the lien holder to see who actually owns the property.

I would file suit against the owner of the property (per county records) and include the other parties as defendants as well.

Another option may be the county health department although they may cite her property as well if the infestation has spread. The health department will also try to find the owner to fine or otherwise punish the owner.


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Customer: replied 3 years ago.

Thanks for the answers.


 


The exterminator claims that her side of the property is now under control ( although they have to constantly trap & kill rats).


 


Would she be in danger of being thrown out of her side of the property if the health department finds the other side to be uninhabitable?

Typically it is only the part of the property that has a problem. If there is no infestation in her unit she should not have any difficulties.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).
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