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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My brother has been residing in his friends home alone

Customer Question

Hello, my brother has been residing in his friends home alone for 2 years. my brother invited another friend to stay with him as the owner does not live in the home anymore. My brother went on vacation for a week and when he returned there were 3 more people who "moved" in. Now the home is in foreclosure and the other occupants are destroying the house. The owner wants no part of dealing with the property, so what options does my brother have for getting them the other people out?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  NYFamilyAttorney replied 6 months ago.
Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues and contract law. I also have written hundreds of legal articles. I look forward to helping you today.Please note:This is general information 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 attorney on this site. By continuing, you confirm that you understand and agree to these terms.Oh, keep in mind that at the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Thanks!
Expert:  NYFamilyAttorney replied 6 months ago.
I don't know if your brother has a lease or not but it really doesn't matter. He allowed his friend to come in and if he wants the friend out or any of the people he allowed into the house, he needs to actually do an eviction proceeding. He would need to see a landlord-tenant attorney. I did Landlord-tenant work in New York, where I am licensed. Even if someone subleases the apartment or house, or if they add another tenant, they would have to pursue eviction proceedings just as if they were the landlord. Is there a way to stop the foreclosure proceedings here? Sounds like the owner is walking away from the house. Is your brother able to stop the foreclosure proceedings? He would have to do that as well or he's going to be doing an eviction proceeding for nothing because he will have no home to live in anyway. So this is an important question I'm asking -- what's the situation with the foreclosure and is anyone able to stop it by paying money to the bank?

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