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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118772
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I had 2 storage units, that was auctioned off with my

Customer Question

I had 2 storage units, that was auctioned off with my knowledge. The owner of the storage gave me a copy of the certified letter she sent out on Oct 13, that says our stuff was going up for auction on Nov, 5th. I called her made 1 payment, so I paid sept bill. I told her I will try to make the payment for oct with the next week or so. She said that was fine. Never once mentioned the auction. She stated she called to try to get us to pay it, even the day of the auction. But I have phone records to prove that she never once called at all. Now she saying she only got $1450 for the one storage, and $2300 for both together. But the guy who bought our one units said he paid $3000 and even has a receipt for it.
JA: What state are you in? It matters because laws vary by location.
Customer: Va
JA: Has anything been filed or reported?
Customer: no the owner of storage unit sent a certified letter
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, while an owner may work with you on payments, once the notice of auction was sent (all the laws say is it has to be sent out they do not have have to prove it was actually received), legally unless you were paid up to date completely, they can proceed with the auction. Regardless of what she got for the units, that is her money based on the contract of terms for failure to pay storage fees on time. So, if she sent notice and you did not pay up to date, even if she verbally told you she would work with you on the October payment, if it was still delinquent by the auction date legally she has met her burden under the laws I am sorry to say.