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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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I live in Charleston South Carolina. My aunt had a durable

Customer Question

Hi,
I live in Charleston South Carolina.
My aunt had a durable power of attorney over my grandmothers estate. My Grandmothers house was empty. She asked me and my mom "her daughter" to move back into the house, so that it doesn't fall apart and because she was moving back in and needed help. So my mother and I moved back in. My aunt filed for an eviction with the local magistrate court, the judge ruled in her favor and evicted us. Even after my grandmother showed up at court and protested stating that it was her house and that she wanted us there. The judge said she had no rights because she signed them over to my aunt. We filed for an appeal at the local county office, and hand what was called a bond hearing. At the hearing We were order to pay $800 of rent per month until the actual appeal hearing took place in a higher court. But not only were we ordered to pay the $800 per month we were ordered to pay $1600 up front. For the two months prior, which we weren't evening living there then. This money is said to go to my aunt as she has the power of attorney over my grandmother. My grandmother got so mad, because my aunt is abusing the power of attorney, she went to a lawyer and made a new power of attorney which states to immediately revoke all of my aunts powers as acting agent, and appoints my mother as the agent for the power of attorney. The judge ordered that we have $1600 to aunt by certified mail within 5 days. Which tomorrow makes the 5th day and we haven't sent any money off. Can we just take the new power of attorney to the judges office and demand that this stops. Because this rule was made before my mom had the power of attorney and while my aunt had it, does the ruling still stand even though my aunt no longer has power of attorney, If so can I go back down to the county office and drop the appeal and then go and demand them to stop. I just need help please. By tomorrow, no money will have been sent to my aunt and the judge will move to evict us. We haven't shown them or even let them no that there is a new power of attorney yet.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 2 months ago.

Hello. My name is***** am an attorney. I will review your question and develop a response. We may discuss it too. Does that sound good to you?

Customer: replied 2 months ago.
Customer: replied 2 months ago.
Thanks
Expert:  Damien Bosco replied 2 months ago.

Great. Let me review. Be right back.

Customer: replied 2 months ago.
ok
Expert:  Damien Bosco replied 2 months ago.

Hello. Usually, you cannot show something to or argue something in front of a judge without a motion, complaint, or petition. However, possibly a letter to a judge indicating that a Power of attorney is no longer in affect, and therefore, there is no authorization to accept payment, or showing a new Power of Attorney may stay the procedure. Basically, legally, a stay of eviction or a restraining order, or a preliminary order would be necessary supported with evidence of the new power of attorney. It could take some creative legal maneuvering. We can discuss more if you want to do so.

Customer: replied 2 months ago.
ok so what is the quickest but best route to take. like I stated tomorrow they could be showing up with the cops ready to through my stuff out. I guess if it were you which route would you take, and what ever I we decide I should probably be down to the magistrates within the next two hours. And thanks so much for helping me.
Expert:  Damien Bosco replied 2 months ago.

You are welcome. Correct. The best option is to attempt to present the new evidence to the magistrate and hope that the magistrate is willing to look at it and issue an order reversing the order. It is tough but worth the try. Additionally, since the aunt no longer has a power of attorney, the new power of attorney could re-rent the place if the grandmother consents. So, there are options going forward too.

Customer: replied 2 months ago.
I will draft a lease agreement stating that we will pay all bills and provide for my grandmothers every need "basically her care giver) in return for a place to stay. I will take the new lease and the certified copy of power of attorney to the magistrates office and see what happens. Do I need any other documents drafted like from you, (motions) or anything like that. By the way the judge wasn't very companionate towards my mother and I, it almost felt like she was taking sides with my aunt.
Expert:  Damien Bosco replied 2 months ago.

The clerk of the court or magistrate's office would tell what kind of motion papers would be necessary if any. Or they will tell you that you would have to have the papers and you would get them on your own or hire an attorney. It is difficult from this site to know the exact procedure of each court without further research into the court itself, which could take a few hours or even a day or so. But you are on the right tract for such little time you have.

Customer: replied 2 months ago.
I just called the clerk and she said that because we filed an appeal we have to go through with it. That we still have to bring a money order stating were we have sent the money to my aunt and that we have to bring documentation stating so by today or the eviction still goes forward. But my aunt no longer has any power over my grandmother. Is there anyway to take bake the appeal. like go down to the county office and dismiss the appeal?
Customer: replied 2 months ago.
also if we end up being evicted is there a time limit on when we can come back in
Customer: replied 2 months ago.
if I drop the appeal does that mean we have to leave now
Expert:  Damien Bosco replied 2 months ago.

Someone can always withdraw an appeal. Usually it would be by filing a form. Being evicted does not preclude a landlord from re-renting the space to the same tenants.

Expert:  Damien Bosco replied 2 months ago.

Hello: I have not heard back from you. If you need additional assistance, please let me know. Otherwise, I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating. If the answer was especially helpful you can provide a bonus. Best regards.

Expert:  Damien Bosco replied 2 months ago.

Hello. How'd everything go? I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating. If the answer was especially helpful you can provide a bonus too! Best regards.

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