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rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 41035
Experience:  30 years as a Texas lawyer dealing in landlord tenant
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I received a warrant of restitution and it was not signed by

Customer Question

I received a warrant of restitution and it was not signed by a judge
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: The state is Maryland and no
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Not that i am aware of The document states i do not have a right to redemption
JA: Anything else you want the lawyer to know before I connect you?
Customer: What can i do to stay in my apartment
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  rayanswers replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Customer: replied 10 months ago.
Expert:  rayanswers replied 10 months ago.

An unsigned one here sounds like a bluff from landlord.Any eviction suit here you are personally served.You are noticed to a hearing and have chance to contest.If you loose a signed write is issued not a blank one and it is served on you and you are evicted.An unsigned one here sounds like maybe landlord is trying to scare you without going through the process set out above.You can call sheriffs office and see if there is such a writ, they would have it if there was.

A writ of restitution directs the sheriff to physically remove you and your personal possessions from the property you are renting. This is called "enforcing the writ." A judgment states the amount of money you owe your landlord.

Expert:  rayanswers replied 10 months ago.

More on process, doesn't sound like any of this has occurred here.

Expert:  rayanswers replied 10 months ago.

A writ must be signed by a District Court Judge and sent from the District Court Clerks Office to the Sheriff’s Office. Once a writ arrives in the Sheriff’s Office, it is entered into our computer system and sent to the Eviction Section. In order for an eviction to proceed, the Plaintiff must call the Eviction Section and request that an eviction date be scheduled. Please have the District Court case number ***** when calling.The best times to call are:
8:00- 9:00 AM or 3:00 - 3:45 PM Monday through Friday
Call:(###) ###-####/p>

This is the Montgomery County office to call if you are int hat county.

Expert:  rayanswers replied 10 months ago.

It is real strange you haven't been noticed about eviction, and you got a blank writ, check it out with sheriff and landlord.Somethings not right here.

Customer: replied 10 months ago.
What can i do if my life right to redemption is forec
Customer: replied 10 months ago.
Expert:  rayanswers replied 10 months ago.

Even if you were foreclosed upon and cannot redeem it they still have to file for eviction and serve you.I would check to see if sheriff even has such a Warrant yet, seems like a bluff, you might have another month or so here until eviction is scheduled.

Customer: replied 10 months ago.
The writ is filed out stating i do not have the right of redemption, the amount and filing information but it is missing the signature and date of a judge
Customer: replied 10 months ago.
I do not want to get evicted so what can I do
Expert:  rayanswers replied 10 months ago.

After the sale, the winning bidder at auction is not yet the legally titled owner. The court auditor conducts an audit of the sale, and files it with the court. A judge must approve the audit. In the meantime, there are time periods for any interested party (including the homeowner) to file objections to the way the sale was conducted, including objections based on compliance with all the notice requirements before the sale. All parties are notified by mail regarding the filing of the audit, then 30 more days must pass to allow for objections to the audit. Thereafter, there is no set time limit for the court to review and approve the audit. The process can take several months after the sale, and if the court finds fault with any of the documents files, there will be further delays while the issues are corrected. Once the audit is approved, the court will ratify the sale. Only after ratification will legal title pass to the successful bidder. Court ratification will be mailed to all interested parties. There is then another time period of delay before actual transfer of title (30 days or so). After that, the new titled owner must ascertain whether the home is still occupied, and whether it is occupied by a "bona fide tenant." If the home has a tenant under a legitimate lease, then the new owner must honor the lease to the end of its term, but is entitled to collect the rents under the lease. If the lease term is up, the new owner is required by federal law to give 90 days notice to vacate before filing for a writ of possession. A writ of possession is what you will need to evict a tenant or a hold-over homeowner from the property, and it is obtained by filing a motion for judgment of possession, which requires service on the occupant of the home, grants them 30 days to file an answer, then a hearing is scheduled, and a judge grants or denies the motion. If granted a writ of possession is issued, which must be delivered to the Sheriff's Office for service. The Sheriff's Office has one (or maybe two) deputies who handle all the evictions, and they are backed up.

Here this doesn't mean anything.If they have foreclosed here and you cannot afford to redeem all you can do is check to see if there was a real warrant here.Also if this was a judicial foreclosure you can check with court to see if they filed eviction.You haven't been noticed at all, this is strange they know where you are.You can try to string along the eviction by appearing at hearing and asking for continuance.

Expert:  rayanswers replied 10 months ago.

If you were served foreclosure papers , check the court number and call them and ask questions here, see if eviction has been filed and where in the process this is, see the above summary.Appear at eviction hearing and ask for more time to delay it a bit.Eventually they are going to get a writ but you can slow this done some.

I appreciate the chance to help you , wish you the best here.

Customer: replied 10 months ago.
This is a rental home
Expert:  rayanswers replied 10 months ago.

Ok so they still have to evict you.It sounds to me like they are hoping you will just leave voluntarily by showing you a blank writ.They still have to serve you as tenant and you have right to appear and ask for more time.I would call sheriff here to see if they have anything such as write for your address.Then you know if this is fake which I suspect or real.

Expert:  rayanswers replied 10 months ago.

You have rights here including service of any eviction suit as tenant.But check to see if they even filed anything.

Expert:  rayanswers replied 10 months ago.

I think you would have a couple of more months here if they haven't served eviction.Thanks again.

Customer: replied 10 months ago.
On the document it states that if the leasing company says i can stay in writing i can stay, how likely is that to happen?
Expert:  rayanswers replied 10 months ago.

It is very possible.You can contact leasing company they are likely trying to fee you out.See what terms they offer here.Usually they buy it to rent out again.

Expert:  rayanswers replied 10 months ago.

I appreciate the chance to help you today.If you can positive rate it is always truly appreciated.

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