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husband an wife own house together husband dies. i went to…

Customer Question
husband an wife own house...
husband an wife own house together husband dies. i went to live with my daughter 3 hours away i put stepson on deed with mine . stepson promised to make payments to mortage company for $700.00 a month he only made 2 payments. and now I am 8 months in the rear now going into forcloser.I am responsible for the note with bank of america.the electric has been shut off no money. he now made a contract with a third party without my consent or knowledge to rent the house. he got first and last months rent over 2,000. theres a u haul out front he is packing his stuff an ready to move out of state and he is going to collect $950.00 per month in rent from the third party. How can I stop this.
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 34 minutes by:
2/29/2012
Lawyer: Richard - Bizlaw, Attorney replied 6 years ago
Richard - Bizlaw
Category: Landlord-Tenant
Satisfied Customers: 10,841
Experience: Commercial and residential leases in NY & NJ & US
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You will have to file suit for breach of contract. You want to take control of the rent to pay the bank. You should contact the bank and tell them the situation and what you plan to do. Contact an attorney immediately to start the lawsuit. You want to void the transfer of the deed as fraud because he never intended to honor the agreement which was the basis for the transfer. You also want to try to see if the bank will work with you to assure the tenant that he will not be disturbed in the lease if he proceeds. Unfortunately, you are at a place where your only option is the things I outlined above.

 

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer reply replied 6 years ago
I do not want him to rent out my house how can I stop the tenants from moving in.
Lawyer: Richard - Bizlaw, Attorney replied 6 years ago

Tell them you are about to file suit against the person who purported to rent the property to them. Also the house is now in foreclosure and you suggest they get their money back. File the suit and the tenants will probably look to get their money back and move to another more stable situation. Without your approval your step son lacked the authority to rent the place because he cannot control your interest in the house even if his interest was sustained.

 

If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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