How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 37003
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

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

Customer Question

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
Expert:  Barrister replied 1 year ago.
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