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Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Well my friends parents passed away and she then tried to

Customer Question

Well my friends parents passed away and she then tried to take on payments to a lender that parents owed due to a loan against their property. She was not able to do so but citi financial was willing to work with her to keep paying even though in her deceased dads name since there was no will she didn't probate. Well in the mean time some time later she didn't know they were repossessing. I guess this had actually been going on for a few months. The buyer came to give her a written 30 day notice as it was not picked up via certified mail. The letter pretty much states that she has 30 days to vacate the premises and any of the cars boats in the junk that would be left would then be considered abandoned and his property. That is how she found out she had already lost her family's property. Well she has received a writ of possession letter and the thing is it only has her 12 year old daughters name is ***** ***** letter with the case number ***** it is signed and notarized through the court by magistrate. Is there anything she can do to just have a couple more weeks? Her disabled sister just had major surgery. She is her guardian and only family so has been hard to find a place. She did receive a lump sum of money that was paid over the amount needed. She contacted him and he said he will not even let her stay until Friday when she offered to pay him some money very rude but he probably tried to get up with her before all of this and just doesn't want to deal with it anymore question is is there anything legally that she can do considering the fact this letter was brought out in it in her daughters 9 to 12 years old to Boston time or not and did she perhaps missed some court date that she didn't know about? All of this has been done without her knowledge
JA: What state is this in? And do you have a reliable court contact?
Customer: Ga
JA: Has any paperwork been filed?
Customer: Well she received a writ of possession and it came to her 12 year old daughter
JA: Anything else you want the lawyer to know before I connect you?
Customer: All of this was done without her really know anything about it she just found out one day
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 10 months ago.

That was not nice that they new she was paying and did not inform her of the foreclosure. That being said the lender's duty is to provide proper notice to the person named as borrower on the loan and the title. If notice was not proper this can be disputed and we can certainly not only try to buy some time but perhaps work out the loan. Where is the home located?

Customer: replied 10 months ago.
Well she couldn't keep the payments up. It is property In forsyth county but if she received the writ of possession dated the first I don't know how unless there is a loop hole. She. Got a notice taped to her vehicle the other Day stating she had to be out today by 6 o'clock or the police would come out she was asking me if I knew whether or not it didn't even have her name on it it has her daughters name on it and she is 12 years old
Expert:  Attyadvisor replied 10 months ago.

It is odd that it is in the daughters name. The issue is that the order went through and that is all law enforcement needs.

If they have not come yet today and I can tell you how she may be able to stall this from happening. Did they come?

Customer: replied 10 months ago.
they did and gave them till 12:00 pm today
Expert:  Attyadvisor replied 10 months ago.

She could ask a judge to stop the eviction. She would need to file a motion or have an attorney prepare on her behalf. If you get this message in time let me know so I can provide legal a link for a local attorney that can help or she can try on her own.

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