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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35840
Experience:  16 years real estate, Realtor. Landlord 26 years
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My father (86 yrs old) Just lost his home of 60 yrs in an

Customer Question

My father (86 yrs old) Just lost his home of 60 yrs in an auction sale. he has dementia and had fallen behind on mortgage payments. I am his son. I had rented the property from him for the months of September and October previous to the auction (I did not know the house was in foreclosure) Last night, a lady appeared on the property attempting to shut down my pumpkin farm which is open until Nov 1st. She did not introduce herself or anything. She began screaming that she owned the property now and that I had to shut down my business immediately. I tried to tell her that I had rented the property before she bought it and that I had my own liability insurance and that she was clear of any obligations. She demanded that I close and not reopen. I will lose over 65000.00 if I do and I need that money. What do I do?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 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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The alleged new owner can't do anything at all until they get a formal eviction order from a judge that gives them legal possession of the property. If she bought it at an auction, she has legal ownership, but she has to evict you in order to get legal possession.

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So she would have to give you a written 30 day notice to terminate your tenancy first, and then file a formal eviction in court, which takes another 3-4 weeks, before she could get a judgment and a writ that the sheriff would execute to force you to vacate.

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Bot***** *****ne is she is looking at 2 months before she could force you off the land.

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thanks

Barrister

Expert:  Barrister replied 6 months ago.

If this person shows up again, you can call the police or sheriff and they will inform her that she has to go through a legal eviction in court to be able to force you to leave.

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thanks

Barrister

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