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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33717
Experience:  15 years real estate, Realtor. Landlord 26 years
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I think I am being served an eviction notice that I

Customer Question

I think I am being served an eviction notice for condo that I foreclosed on years ago. I think there may be a squatters there what should I do?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you give me a bit more information?

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Do you mean that you had a property foreclosed on by the bank and you walked away from it?

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What is the document that you received?

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Are you sure that the bank actually foreclosed on the property and it was sold at a foreclosure sale?

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thanks

Barrister

Customer: replied 5 months ago.
We filed bankruptcy and the property was included in the BK. I am not sure if BofA actually foreclosed the property but I know there was a sheriff sale. I considered the matter closed. I searched the court website for a different issue and found that there is a case against my ex husband and I.
Customer: replied 5 months ago.
The docket stated unlawful detainment.
Expert:  Barrister replied 5 months ago.

Ok, I think you mean "unlawful detainer", and yes, that is an eviction action.

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It sounds like the bank has finally gotten around to foreclosing and is now trying to evict whoever is living there now. They don't know who it is, so they are listing everyone that they can think of who might be living there.

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So you have two choices... You can appear on the scheduled court date and explain that you are not living there and therefore the case should be dismissed against you as a defendant. Or you can just let them get a judgment against you, which doesn't really mean anything because you aren't living there as the judgment is just for possession of the property. It would be reflected on your credit as a negative mark though... So that would be a reason to appear and object to being named as a defendant.

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thanks

Barrister

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