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Have lived/ leased in a home now for 6 1/2 yrs and recently…

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Have lived/ leased in...

Have lived/ leased in a home now for 6 1/2 yrs and recently home was lost in a foreclosure sale/ not bought and it went back to Fannie Mae... almost 2 yrs ago I also started caring for my 89y-o aunt who is mostly bed ridden/ except bathroom & showers / oxygen ... have to move out because F-M wants to repair home & sell it... I tried to make offer but they say " no dice."...We live @ 4,700' elevation & was wanting to avoid moving Aunt out n snow/winter,... or at all. ( honestly I thought she would have passed on already but w/ the great care she receives she's still wakes up, albeit very slowly, late & sometime wet.) She is on hospice & the room we'v prepared for her w/ new carpet, wooden blinds, & family photos/ big screen is her world... is there a (snowball's chance...) that you could help keep us n the house until Aunt Sanda passes ?? or at least until the weather gets nicer or find a reasonably priced home near by... (My Mother who had a few strokes recently lives next door & I also help watch over her & maintain her home.) W/ the delayed surplus of homes that (the questionable) F-M deals with, I could imagine that this place could sit vacant for years. Sincerely ***** *****

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

Calif.

Lawyer's Assistant: Has any paperwork been filed?

Yes; paperwork

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

... all taxes, utilities etc. are paid up... stopped paying rent back n July when the Reality lady from Coldwell Banker said I didn't have to pay the rent anymore,.. tho I still have those funds put away & could pay them -

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 51 minutes by:
12/14/2017
Lawyer: Dwayne B., Attorney replied 8 months ago
Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 8 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Lawyer: Dwayne B., Attorney replied 8 months ago

The experts on this website aren't allowed and don't represent people who come to them via this website. It is part of the agreement we sign in order to be experts on here.

So if you are here thinking it is a place to hire an attorney, I'm going to have to disappoint you. However, if you need questions answered and want to know if a local lawyer would be able to "keep you in the house" either until the milder weather returns or until your aunt passes, then I can provide information on how they can likely do that.

Please let me know if you want me to continue.

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Customer reply replied 8 months ago
please, continue - -
Lawyer: Dwayne B., Attorney replied 8 months ago

First, often a bankruptcy will prevent a person from being evicted. Since your aunt is 89 and has this on her record, likely a bankruptcy wouldn't really cause her a great hardship. It really depends on how long you need and how far along the process is. A local lawyer will be able to give you timelimes based on your court and your judge.

There can also be some ways with the way FM forecloses on homes. It is not at all rare for them to mess up on the paperwork and do it incorrectly and then you can call them on it and they have to start the process all over doing it correctly. Back during the housing crash in 2007 or so we could often keep people in houses for an extra couple of years because they'd never do the paperwork right. The lawyer, possibly the same lawyer you talk to about the bankruptcy, could tell you whether that is a viable option but they would need to see all of the paperwork your aunt had received.

Those are the two methods that are most commonly used and most effective. It's possible that additional methods may reveal themselves when the lawyer starts looking through the papers, but these are the first two to examine and one usually works (if not both).

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 8 months ago
not sure where BK came into the conversation...
my Aunt came to live w/ me 21 months ago....
the previous owner just quit paying mortgage / loan when (I think) their payments went way up through originating lender, 'GMAC' ... went n2 foreclosure, not sold @ auction, reverted back to loan holder Fannie Mae... what would having my Aunt file bankruptcy (BK) do to help hold the house?? I
Do like the Fannie Mae filing of ill paperwork... They'v been known or being complicit & corrupt morons... The lawyer repping F-M is The Law Offices of Glenn H. Wechsler 1111Civic Dr. #210 Walnut Creek, Calif. 94596 Email:***@******.*** , tele.(###) ###-#### if this would help.
On or about Jan. 2nd, 18', a notice is to be put on the door showing a court date where I will go b4 a Judge to present my case ... should I bring her n2 court in wheelchair & Oxygen mask ? ( she has no idea that there is a housing problem.) She is quite 'Frail & Disabled.' ... (I'm told that when people of her stature are moved, that about 50% of them soon pass-away do-to having no reserves of energy left to deal w/ a stressful situstion as this...
Lawyer: Dwayne B., Attorney replied 8 months ago

I brought up bankruptcy because you were asking how to keep your aunt in the home. When you file bankruptcy the court issues an automatic "stay" against anyone evicting someone, trying to collect a bill, etc. It is a very, very fast and effective way to achieve your goals in a minimum of time.

I was referring to your Aunt filing bankruptcy but it could apply to anyone who was being forced out of the home where you/she are living.

As far as bringing your Aunt to court, you have to follow the doctor's advice on that. I am not knowledgeable enough about your Aunt's condition to even express an opinion, other than it is always better to have someone at court than to not have them there. However, if she files bankruptcy then that would stop that court date as well.

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Customer reply replied 8 months ago
O.K.... interesting,.. but she gets 1,450$ a month & has no debts.....how would that work? I'll check w/ the other roommate too see if he's got a $$ problem... I have no reason myself ... (but is it just the filing that would trigger the stay ?
Hold that thought - C
Lawyer: Dwayne B., Attorney replied 8 months ago

It is just the filing that would automatically trigger the stay. The fact that her house was being foreclosed on would likely count as enough to be able to file bankruptcy or else there could be a way to force the sale to you.

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Customer reply replied 8 months ago
It is't her home or mine,... I leased it from someone else - -
Lawyer: Dwayne B., Attorney replied 8 months ago

I understand that's where you're at now, a bankruptcy could still delay that eviction plus I thought you were indicating her house was being taken as well (even though she lives with you).

As I said, these are just delaying tactics, long term you'll have to leave but you may be able to delay long enough for the weather to get better, for her health to improve, etc. Also, the company preparing to evict may be willing to work out a renal agreement rather than mess with the bankruptcy.

You really don't have a lot of options, the things I described above are just the only ones of with the limited info I have. I think I also mentioned that the bankruptcy lawyer may be able to come up with some more, once he looks everything over.

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Lawyer: Dwayne B., Attorney replied 8 months ago

But every day that this is delayed it is less likely to work. If the bankruptcy attorney doesn't believe it will work for you they'll tell you.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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