Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I have a client who moved out of state (MA) after losing their

Customer Question
job and had filed a...
I have a client who moved out of state (MA) after losing their job and had filed a bankruptcy and agreed to give a deed in lieu of foreclosure the attorney for the bankruptcy
never had them sign the deed assuming the foreclosure would take care of the situation
the bank never foreclosed and a family broke into the house and has been living there for 4 years paying utility bills etc, the client finds out recently they still own the house and the bank is willing to do a short sale with my client as long as they get rid of the squatters, question is do we serve them for posession 30 days notice or file for a temporary restraining order and get them out that way?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 11 minutes by:
5/13/2016
Lawyer: Barrister, Attorney replied 1 year ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,664
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..If the people have been living there, even though they are squatters, they have gained the legal rights of tenants and would have to be evicted just like a normal month to month tenant. So the legal owner...the client.. would have to either deliver or post a 30 day notice to vacate on the property front door. I would suggest having the local sheriff actually serve it as that may scare them into moving out if they think law enforcement is involved.. In Massachusetts, a legal action to evict is called a "summary process" action. After the time specified in the Notice to Quit has expired, the owner will serve on the tenant a Summary Process Summons from the District Court or Housing Court. It will state the date of the trial and the date by which the tenant may serve a written answer. If the tenant files "discovery," the trial will automatically be postponed for two weeks.. Discovery is a legal request for information about the case. It can take the form of written questions ("interrogatories"), requests for the owner to produce documents, or requests for owner to admit certain facts. Owner must respond to the occupant's discovery within ten days of the day they receive it. They must be especially careful to respond promptly to Requests for Admissions. Any facts which they do not deny within the ten days, under penalties of perjury, may be deemed admitted for purposes of this lawsuit. Court rules also allow the owner to send discovery to the tenant..If the owner wants a jury trial, owner can claim it when they bring the action. The occupant must claim a jury trial, if s/he wants one, no later than the date the answer is due. Otherwise, the trial will be before a judge sitting without a jury. Since jury trials are now available in all District Courts, it is no longer possible to appeal a summary process case from District Court to Superior Court for a new trial.. At trial, owner must prove their case. After trial, the judge will usually take the matter under advisement. That means that the owner will receive the decision in the mail. T his can take anywhere from a few days to many months, depending on the complexity of the case. If the judge rules against the occupant, a physical eviction can take place as soon as twelve days after the Court makes its decision.. So, how long does this take - anywhere from 20 to 45 days. ..thanksBarrister
Ask Your Own Legal Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,664
38,664 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
A US District Court complaint where I am the Plaintiff
For Olivia In a US District Court complaint where I am the Plaintiff sueing the state for retaliation as I exposed corruption involving state employees, what laws can I use to fight against the states… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
My husband had a case filed in Eastern District Court in
Hi, my husband had a case filed in Eastern District Court in Wayne County, Michigan. Case was filed 10/12/17 and I'm trying to figure out how I can tell if the defendant was served … read more
KJL LAW
KJL LAW
Juris Doctorate
1,618 satisfied customers
At a rule 16 conference with a US District Court magistrate,
At a rule 16 conference with a US District Court magistrate, will he advise me, a prose litigate, of what I need to correct in my complaint.… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,838 satisfied customers
In a US District Court complaint what is common for a
In a US District Court complaint what is common for a plaintiff and defendant counsel. Does the plaintiff and defendant counsel set up the case managment plan before or after the defendants counsel an… read more
Damien Bosco
Damien Bosco
2,991 satisfied customers
As a result of a conviction in U.S. district court 9 years
As a result of a conviction in U.S. district court 9 years ago, I was notified by U.S. Marshal that I owed monies for restitution/asset forfeiture, that I could not pay. We agreed to a monthly payment… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
In a civil case in regarding rule 59 asking for a new trial
in a civil case in regarding rule 59 asking for a new trial due to new evendience who has jursdication … read more
Damien Bosco
Damien Bosco
2,991 satisfied customers
At close of a jury trial I moved for a directed verdict.
At close of a jury trial I moved for a directed verdict. Specifically, I stated to the court "I move for a directed verdict...." the judge stated "Your motion is denied" before I stated the grounds fo… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
What does it mean when a case is vacated in a jury trial??
What does it mean when a case is vacated in a jury trial?? And a new date is set for the next day?… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
In Arizona district court is a response allowed to a motion
In Arizona district court is a response allowed to a motion to Compel and if so what is deadline?… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
In an Arizona District Court case Opposing counsel has
In an Arizona District Court case Opposing counsel has scheduled a deposition without prior consultation. His choice of time conflicts with requirement to be at work. He refuses to change it. Can some… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
What is the next step for a US District Court plaintiff to
What is the next step for a US District Court plaintiff to wait for after filing the complaint after all complaints are served?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I'm in need of federal laws on orders of a district court
Greetings-I'm in need of federal laws on orders of a district court judge who disqualified himself from a civil matter in N.C. More specifically, law that states the order is void, or invalid.… read more
Van
Van
Retired Criminal Court Judge
Juris Doctorate
76 satisfied customers
In Illinois, can a jury trial be demanded for a vehicle
In Illinois, can a jury trial be demanded for a vehicle forfeiture proceeding which is related to a commission of a crime while using the vehicle? e.g. driving while revoked while driving a vehicle. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
Are you familiar with Jefferson Parish 24th District court
Yes are you familiar with Jefferson Parish 24th District court in Louisiana … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
I'm a pro se litigant, jury trial verdict for plaintiff,
I'm a pro se litigant, jury trial verdict for plaintiff , damages less then claims, punitive damages, verdict silliness, i need to file for payment plan, judge awarded filing fees and costs, they file… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,668 satisfied customers
In California, I need to extend the jury trial date - need
In California, I need to extend the jury trial date - need more time. Which form? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What exactly does waiver of jury trial relating to this loan
Hello, What exactly does waiver of jury trial relating to this loan agreement mean for me as the borrower? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
In a US District Court case in Colorado, is there such a
In a US District Court case in Colorado, is there such a thing as a "motion to determine representative authority" that I can use to determine if a foreclosure firm is representing the actual named De… read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x