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My family is due to be evicted from our home, after a

prolonged affair with bankruptcy, failed...
My family is due to be evicted from our home, after a prolonged affair with bankruptcy, failed attempts at selling the house and ignored attempts to negotiate terms for our continued tenancy after foreclosure. This notice arrived within a couple of days of being laid off from my job, out of nowhere. I will be seeing the judge on Monday to request a stay on the eviction. Could documenting these issues (especially the layoff ) be sufficient grounds for a stay to be granted?
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Answered in 2 hours by:
3/25/2018
Attorney 1
Attorney 1, Other
Category: Landlord-Tenant
Satisfied Customers: 2,777
Experience: Knowledgeable and experienced attorney
Verified
Hello, and welcome. I am a licensed attorney and happy to assist.I'm sorry to hear of this frustrating situation. If your lease has not yet expired, you cannot be evicted as long as you have continued to pay. If that's the case, you will want to show the judge a copy of your lease along with proof of payment and the evection will be dismissed. However, bankruptcy proceedings, foreclosure, loss of employment and/or failed attempts to renegotiate are not grounds to stay an eviction. Even if the judge wants to help you, he or she would not have the power to do so on those bases. Your time would be better spent gathering lease documents if the lease is unexpired. Even if the lease has expired, bring it to court with you. The judge does have the power to order on the spot mediation, if request and if a mediator is present in the courtroom, as is common in eviction cases. The mediator should be free and may help you work out a future lease agreement that's beneficial to all. This is particularly the case if the property will be maintained as a rental, going forward.It should be noted that any failure of procedure in the evection proceedings is grounds for dismissal, which is even better than a stay. Examples would be insufficient notice or habatability issues. If either applies, be sure to bring supporting documents, photos, etc. to court.I hope this helps. If you need additional information or clarification, just let me know and I will continue to provide assistance. If I have answered your question, please remember to leave a positive rating where indicated. Five star ratings are especially appreciated.Good luck!Best,
Attorney 1
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Customer reply replied 3 months ago
As an example of insufficient notice, I received a certified mail notice. I brought it to the post office on Monday 3/19, and received a letter from the bank’s attorney notifying us to vacate by 3/29. The sheriff would be coming on 3/29 to take possession. That was my only notice.
Customer reply replied 3 months ago
Would that possibly work?
Thanks for the additional information. It sounds like you never received the requisite notice to move prior to eviction proceedings being filed and the bank received a default judgment without you ever having the opportunity to defend. If that is the case and you never received written move out notice or a summons and complaint, with the only notice actually received indicating a sheriff will forcibly remove you, you can file a motion in court to have the default set aside for lack of appropriate notice and opportunity to be heard. If you are unable to do so prior to the hearing, at least bring the matter up in court and request that the judge either consider your testimony to be a verbal motion to set aside the default (assuming that's what occurred) and require proper service of the requisite documents before the lawsuit is allowed to move forward.If there's anything else I can do for you, just let me know. Otherwise, please leave a rating where indicated. Five stars is greatly appreciated. Thanks!Best,
Attorney 1
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Customer reply replied 3 months ago
Five stars on the way. One more question: would it be best for me to include the other circumstances, or is it best to let the insufficient notice stand on its own. This is an a
Customer reply replied 3 months ago
Informal hearing, the banks lawyer won’t be there
The other factors don't seem to impact any legal decision, and it's usually best to focus your energy on what matters instead of distracting from the primary issue. That said, I don't understand the purpose of an informal hearing without counsel for the other party present. If that attorney has the option of being present and chooses not to attend, they forfeit their right to argue. I'm assuming all of this is taking place in a courtoom. Please correct me if I'm wrong. It is a judge that will care about proper notice and be in a position to reverse the default.
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Customer reply replied 3 months ago
it is. I went to the judges office, a clerk gave me a blank form to fill out and told me to bring it back on Monday morning to meet with the judge.
Customer reply replied 3 months ago
They said she often makes a decision right then.
Customer reply replied 3 months ago
I’m not sure that a reversal of the default is on the table. My understanding is that it’s an opportunity to ask the judge, in her chambers, for more time.

More time to move out?

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Customer reply replied 3 months ago
I will send it right away. Yes, more time to move out is my goal

I'll keep an eye out for the document. Let me know if you have difficulty with the upload.

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Customer reply replied 3 months ago
Pg1
Customer reply replied 3 months ago
Pg2

Looking now.

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This is very interesting and unusual for most jurisdictions. Looks like your court may actually grant you additional time. Under the circumstances, all the points you listed in your question are important to list and show to the judge. Additionally, if you received the order to vacate too soon to make arrangements, you can let the court know that, as well.
Attorney 1
Attorney 1, Other
Category: Landlord-Tenant
Satisfied Customers: 2,777
Experience: Knowledgeable and experienced attorney
Verified
Attorney 1 and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 3 months ago
Thanks so much for your time, truly
Appreciated!

Is there anything else I can do for you?

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My pleasure!

Best,

Attorney 1

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Customer reply replied 3 months ago
That should do it. Cheers!

Cheers!

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Customer reply replied 3 months ago
I went to the judge on Tuesday morning, and there was nothing "informal" about the hearing. The Ban's lawyer was dialed in by phone.uon reviewing my request for 60 days to find housing, she was very stern in her decision to deny the request. As the clock is ticking down, I am wondering if I could go to the court one more time to ask for 7 days for Orderly removal, ideally with representation. Worth a try?

Probably not. The judge already made her position clear and the time for lessening the request to 7 days was at the hearing, if at all. Sorry to say, your time would be better spent finding a new place and getting your things together. I wish you the best going forward.

Attorney 1

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PS - If the bank's attorney is willing to grant another week, he can file a stipulation in court that will be binding. Just don't believe it until it is signed by both of you and filed.

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Customer reply replied 3 months ago
I will go that route, have my attorney contact the bank’s representative. Thanks again for your help.
You are very welcome.Best,
Attorney 1
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