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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111684
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I reached out to Bayveiw REO in August to September 2015

Customer Question

I reached out to Bayveiw REO in August to September 2015 regarding an abandoned house , after speaking with M&M mortgage servicing company. Finally after all my calls & emails a very sharp man contacted me, saying that I wound up on his desk. He came to my business and met with me, then we met 2 or 3 more times at the house. I took every dollar I had and gave it to him...first n last month rent plus a month security, and we took it a bit further I gave him 10,000. To be held as a good faith deposit to buy... along with all the repairs that needed to be done. On top of all of that money I started taking care of all the issues inside and outside of the house I spent approximately $25,000. Over the month of October...my grandson and his wife and child had moved in . My daughter was there everyday taking care of moving trucks coming in, carpet and floor cleaners, plumber, house cleaners exterminators and so on....the day we were moving out of the condo I recieved a call from local police, I told them I would meet them at the house when I got there with the last moving truck. Then they called me back and needed me to come immediately, so I did...thats when I found out that I was scammed and I was told I couldn't finish moving in and I was homeless! I moved into a temporary place with family , but this put 7 people out of a home! By December we were living in hotels, now by this time my name was with several realators , rental agents , friends , family ect...I got a call from a timid man saying he was an attorney for a house that was available immediately! As I was about out of money I jumped on it, not to mention it was 2 weeks before Christmas and my 7 year old autistic grandaughter was panicked about Santa...it wasn't the house I was looking for but the price was right and I was able to move in within a couple of days, my only stipulation was that the house had nothing to do with Bayveiw REO. He told me it was some other bank he represented. So the 3 of us moved in , I had a heater put in & repaired the 2nd floor heater and just went about setting up for Christmas and making it look like a home... its been one problem after another...I was here for about 10 days when a realator knocked and said she had sold the house at auction to an inverstor, then when I was trying to put the water in my name they said they had a different owner....that was only the beginning, now Bayveiws attorney wants me out in 5 days, and theres a court date for 10 days.. do I have any rights? I am a widow, I lost my husband, my business and my home due to a long hard battle with cancer...I have a daughter that has lived with me for at least 12 years, she has mental issues, her daughter has been diagnosed Autistic with SPD and possibly high functioning downs syndrome. I need a double heart valve replacement surgery, I have put it off for 2 years...now delaying that further I have another health problem that's also very serious! What can I do? Should I go to the media? I really can't afford a good attorney, who is out there for me? We are in the Mt. Laurel NJ area
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only
First thing is you need to notify the local police and also the district attorney, as this appears as though you have been the victim of a scam and they need to try to find these people who have taken advantage of you and prosecute them.
Second, if you cannot afford an attorney, you need to go to your local legal aid office and seek legal representation, because you need to sue both of these parties who have done this to you to seek to recover your money.
If there was an alleged attorney involved in this you need to report that attorney to the NJ Bar office of disciplinary counsel. Additionally, you need to contact the NJ Real Estate Commission and report these real estate companies to them for their fraudulent conduct.
You have a decent suit against them from what you are saying, for fraud and unfair and deceptive business practices and breach of contract. Many local NJ attorneys will take this case on a contingency fee basis if these companies are legitimate companies because they will be able to pursue them for triple damages plus attorney's fees and costs as part of the suit, so you need to look for a local consumer protection attorney at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com before going to legal aid or calling the NJ bar for the pro bono attorneys in your area.
Customer: replied 6 months ago.
Thank you for your answer , if only my life was that easy... it's my fault for not giving you more details. First the man disappeared from Bayveiw REO. The papers weren't even from New Jersey the realator told me. The realtor that did not have the listing but showed up and waited for everyone to leave the house to call the police, he than became some kind of hero with Bayveiw, he took all new pics of the house to read list it with my stuff in the house! Personally I think he was in on the entire scam! The house is in worse shape than when we found it....and my brand new $2500.00 hot water heater is still in in, the one Bayveiw promised to pay me for...yet never have. Also the man that presented himself as an attorney representing the house I'm in now used a real attorneys name, that is a realestate attorney. Fraud again...here's what I guess I'm asking... there's a court date this month, 1st can I go to court myself without an attorney? 2nd this house was vacant for some time, I have spent a great deal of money taking care of major issues it has & had. I have taken care of this house as if it was my own, spending more on it than just paying rent...the utilities are in my name. This is my primary and only address. The biggest problem here is mold, the 2nd floor and main floor mold remediation has been done, I was in the middle of taking care of the major mold problem in the basement and the remaining plumbing issue, I also took care of the mold on the roof and outside of the house and deck along with the infestation of wasps, bees and hornets, plus began treatment for all the other bugs, spiders and termites...the property was extremely overgrown, the leaves hadn't been raked for at least 2 seasons if not more. I had the trees , weeds, shrubs all cut back the trees that imposed an immediate danger cut down. The leaves n debris was cleaned up as were the gutters. I pay to have the lawn cut every 10 days, and they keep up with the branches and any over growth. I contacted my agent about homeowners or renters insurance, he's trying to get me a policy. For some reason the bank put the water bill in the name of a woman that was buying the house and they won't put it in my name so I have paid the current bill not the 800.00 past due amount. Her financing never went through so she isn't the owner. Do I go to thevhearing and explain to the Judge my current situation and bring all the bills? I would try to locate a house and gladly move but I do not have the money, I'm currently disabled, before I could even go thru another move I need my heart surgery, now im experiencing a GI bleed that is delaying my heart surgery, I was rushed to the hospital 2 weeks ago by EMT, near death...I feel like I've been taken advantage of by everyone I come in contact with since my husbands death. Or should I reach out to the banks attorney, or contact the court and request time to hire or request an attorney? The last thing is, can they put us out on the street? Don't I have any rights , after all the house was abandoned and M&M mortgage servicing company was sent to lock it up and shut everything off since it was broken into many times. Since I have lived here it's been broken into 2 times....Thank you again...I wish there was someone I could hold accountable for all of this....Lisa
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Can you go to court without an attorney, yes you can. Should you go to court without an attorney on this scam, as complex as it has been described, no you should not.
Second, you should be entitled to recover your money from the first property and second property in civil suits against both companies, they have committed fraud against you and you should receive not only all the money you paid out on the houses, but triple damages and attorney's fees for the fraud and unfair and deceptive business practices.
Third, you are being taken advantage of and you need to stop them and doing what I said in my first answer are the necessary steps if you want to get this stopped and also to try to recover all of the money they have stolen from you.
I urge you to do whatever you can to get an attorney, following the steps above, because these people have defrauded you and you are entitled to recover from them.
In court you need to present copies of all the bills and all of the contracts and other documents you have on the house to show that this has been a fraud. Again, I urge you and cannot say it enough to get yourself an attorney because you have a good case and you want an attorney to make it right and protect your rights.

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