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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17871
Experience:  B.A.; M.B.A.; J.D.
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I did a purchase agreement with seller in forecloseure. Home

Customer Question

I did a purchase agreement with seller in forecloseure. Home was to be free of all liens and encumbrances except for the defaulted mortgage. I paid $18,000 down. Took possession of home. I moved forward to close and title report had over $100,000 in mostly tax liens, IRS, STATE OF PA., ETC. Home worth $600. With past due payments and liens over $700,000 owed. They tried to evict me several times because of me not paying rent. ( again, was a purchase agreement with no rent or lease). They lost everytime. Finally, on 3rd or 4th time they got order of possession. My attorney appealed. Appeal referred to arbitration. Was scheduled on March 3. I was unable to attend due to surgery from a fall. My attorney had continued until April. On Thursday home was posted for eviction and 10 days to vacate. They filed papers to terminate supersedeas due to non payment of rent to court. My attorney never advised me I was to pay any court rent while appeal was pending. I called my attorney. He was out of town and secretary said she had no clue about what was going on.
I am now getting evicted. Losing my deposits and purchase of home.
Can I stop the eviction since I was never advised or told about paying rent to court? Can I pay court whatever they claim I owe and then have my day in court? If they get possesion I am screwed.
I need way to stop possesion order.
Thanks,
Bob
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 10 months ago.

You need to immediately file for Chapter 13 bankruptcy protection to stop the eviction in its tracks. Then you can pay any rent that would be due within 30-day of the bankruptcy filing to the Bankruptcy Court's Clerk's Office. You need to serve a Notice of Bankruptcy Case Filing to the people who are trying to evict you. You also need to provide a Notice of the Bankruptcy Case Filing to the State Court, the Clerk's Office so that the eviction proceeding is suspended giving you time to work out arrangement with the people who are trying to evict you.

You can use the following sites to find local Bankruptcy Attorneys:

Nacba.org

Consumeradvocates.org

Lawyers.com

Justia.com

Findlaw.com

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