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I bought a house in foreclosure in Atlanta, GA in August and…

Customer Question
I bought a house...

I bought a house in foreclosure in Atlanta, GA in August and finally got the previous tenants/owners out through Writ of Possession last week (it was a default judgment). Because I did not include "and all others" with my original filing and the man who showed up in court claimed he was not the person filed against (I filed against the previous owner and the person who responded to my demand to vacate), I filed a 2nd Dispossessory Affidavit against John Doe and all others (and the same man who showed up in court in my previous filing, filed for a motion to dismiss yet again....he never used his name, he just called himself the Trustee of XYZ Trust), just in case when the Marshal and eviction team got to the house, he claimed the people who were filed against didn't live there. Long story short, we got the squatters out on Thursday and I filed for dismissal of the second case that evening and it shows the case is closed. The case is supposed to be heard tomorrow...what happens if the "squatter" shows up in court...will he be allowed to speak to a judge or will they just tell him to go home?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

Atlanta, GA...yes, please see what I said above about the paperwork that was filed

Lawyer's Assistant: Has any paperwork been filed?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I know of

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 8 minutes by:
11/20/2017
Lawyer: philip.simmons, Lawyer replied 8 months ago
philip.simmons
Category: Landlord-Tenant
Satisfied Customers: 37,496
Experience: 10 years experience in the law
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Lawyer: philip.simmons, Lawyer replied 8 months ago

If you successfully evicted the "squatters"? Then their showing up tomorrow will not matter...particularly since the case was closed (there will not be an opportunity to speak to the judge, since the case will not be heard).

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 8 months ago
The man who was in the house filed a $650,000 Mechanics Lien for sweat equity against the house after I purchased it. Come to find out, he is married to the woman who the house was foreclosed on and she tied up the house in court by filing a quiet title lawsuit against the bank, which the bank won and then foreclosed and sold the house at auction where I purchased it. After the house was sold, this man filed the mechanics lien and then his wife (previous owner) signed a quit claim deed from her trust to his trust for payment of the sweat equity mechanics lien. He is claiming ownership of the house because of this. This is his defense of not being evicted (although he tried to pull a fast one on the marshals who did the eviction and he ended up being taken away in handcuffs). I just want to make sure his bogus claims of the mechanics lien and quit claim deed won't help him be able to speak to anyone in the court tomorrow and me not be there to dispute his BS.
Lawyer: philip.simmons, Lawyer replied 8 months ago

This is a separate issue. Totally separate issue. He would need to file an action to foreclose on this lien before he would be entitled to possession of the home.

It is NOT a defense to eviction.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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