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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99981
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have one family house, renting the whole house but the

Customer Question

my name is***** have one family house , renting the whole house but the basement (I was living abroad) - but since May 2015 I ask my tenant to move out (and since then we are living in the basememt (we thought temporarily). We went to court we have an eviction date March 21 but the tenant is so sure that she will have us evicted by March 17, how she is so sure and what possibly she can do to accomplish that.
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Customer: like what?
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Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ely replied 8 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
I am sorry to hear about this situation. Please tell me what state this is in. Thank you.
Customer: replied 8 months ago.
she works in a title company is there any way to falsify our title and make it seem the house is hers ?
Expert:  Ely replied 8 months ago.
Well, technically she can fake signatures and things like this - yes, sure. So technically, she can do so if she works for a title company and has the malicious intent and know how of how to file false documents.
However doing so would mean a criminal penalty.
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Customer: replied 8 months ago.
but if she did that , can she get us out even temporarily, how I can proved the house is hours ?Also she is talking with someone now and he is keeping asking her are we married , why that is so importnat (we are)
Expert:  Ely replied 8 months ago.

She can attempt to do so. She would have to file for eviction herself. ONCE she does this, and you are served, then you would immediately know that there was a fraudulent attempt, possibly, and then one can file a criminal complaint as well as file in civil court to challenge any fraudulent deeds she may have filed.

I do not know who she is talking to and why she is asking about your marriage. Sorry.

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Customer: replied 8 months ago.
I am really sorry of bothering, you but we are really frustrated ( to give you an example I do not even have a aprking ticket issue against me - just to show you I follow all the laws) - we simply ask her to move out since our plans change , and we gave her plenty of time, but she ignores us.
Anyways -are the recordings we have of planning to kill us admissible at the court, or the police so we can get a report/complaint against her.
Expert:  Ely replied 8 months ago.
What kind of recordings?
Customer: replied 8 months ago.
last Sat she was with her father in law, mother in law, her ex husband, and somebody who sounded as lawyer. they came home at 3:30 am and they were plotting how to get rid of us either physically or emotionally. we record their conversations on iphone,
the ex husband said "if you want me I will kill them now", also they mention their excuse will be abortion, and that the judge will favor her over us, and that they are my clients too
Expert:  Ely replied 8 months ago.
I would urge someone in your situation to go to the police IMMEDIATELY with such evidence.
This may spur the police to arrest/charge her and a restraining order may be granted by the court, forcing her to relocate even before the eviction happens.
NOTE that is illegal to record a conversation that one is not part of under N.Y. Penal Law § 250.00 unless there is consent of at least one party participating in the conversation. However if this is a life or death situation, SAFETY TAKES PRECEDENCE.
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Customer: replied 8 months ago.
ok thanks again
Expert:  Ely replied 8 months ago.

You are very welcome. Good luck, and please don't forget to RATE my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.

Customer: replied 8 months ago.
can I personnally call the marchals office and ask about the warrant or is not a good idea ?
Expert:  Ely replied 8 months ago.
There is nothing preventing one from doing so. It would likely however, be pointless.
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