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I am manager and care taker of a property that was

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foreclosed on the owner of...
i am manager and care taker of a property that was foreclosed on the owner of the property is incarcerated before we knew about foreclosure case being filed the owner of property signed and had notarized (from jail) a affidavit stating that myself and four other adults had permission to live on the property as caretakers clean up and repair crew along with keeping the property secure from vandalism, theft and damage. because before i was there people found out the owner was in jail went to property broke in house stole eveything i mean everything all furnishings all appliances light fixtures ceiling fans wood stove interior doors sinks faucets ect.... they strung household items and garbage all over the house and about 3' deep all over 5 acre's of property. they left abandoned tore apart vehicles on property it was horrible i never seen anything like it. The sheriff's kept getting called people were getting arrested and i think people were trying to be squatters that is about the time we came into the picture the sheriff's were called a few times we showed the notarized affidavit from owner they left us alone. the owner then had me type up a years lease for two of the adults who were going to be staying there i am manager over the property the lease said instead of paying rent the owner was willing to trade services they clean up repair care take and keep property secure . In the mean time one of the other adults had been staying there he was one of the people on the signed and notarized affidavit he didnt want to be part of lease because he was going to be taking a job out of town in near future, we were just doing clean up.One day code enforcement showed up and told the guy that was staying in house that it was a dangerous house because it was vacant the code enforcement officer told him he was a squatter so he could not be there he explained about the signed and notarized paper but could not find his copy, the code enforcement officer left by the time the code enforcement officer showed up the default judgement had been entered and plaintiff (the bank won) owner didnt get a chance to answer complaint because he was incarcerated i contacted the plaintiff's attorney by email to ask for them to agree to a 6o day extension for the defendant to be able to file an answer to complaint the attorney asked for a copy of the notarized affidavit so i faxed it then could never get another response after he asked me how long of an extension, by the time i waited for answer they filed default judgement with a no answer from defendant.and it was granted by the courts. back to the code enforcement officer so he came back next day did not write a violation to the one staying in house for entering dangerous building so the one staying in the house took that as the code enforcement officer must of found out from sheriff office he wasnt squatter so he continued to stay in house code enforcement did not come back for about 8 months when he came the other day he told them this was a dangerous house and they were squatters. they said the property just sold in public auction a month ago and the realtor for bank who now owned it wants to see our lease to see if we have rights. the code enforcement said they had no rights they are squatters the two people who are on the lease talk to the code enforcement officer i was not there because i dont live there i got a phone call telling me the code enforcement guy came and said they were not suppose to be there because their squatters they tried to explain it. i sent officer an email explaining we are not squatters . therefore it is not a dangerous building he said we were squatters and he was working on violations for us.he took pictures of license plates on the property and came up with my name and one of the people on the lease he left a violation for each of us stating we were squatters and entered a dangerous building i emailed him again and told him the affidavit and the lease are dated before the foreclosure judgement went through so he was wrong the defendant was owner of the property still when he gave us permission and entered into lease with the other two he pretty much called me a liar and said i havent produced the documents i keep speaking of, i replied with you never asked me for them. Are they squatters?? is the lease any good?? Just before default judgement was entered when i sent attorney for the plaintiff the affidavit it says we are living on the property caretakers for defendant owner at the time. so they were informed we were there and never heard from them. and now the new owner (bank) knows were there should I send code enforcement officer a copy of the papers like he wants or wait and produce them at the hearing for the violations he wrote. I do not trust him so i dont know whether to show him now or not. the lease is up June 2nd 2018 I am in the state of oregon.
Submitted: 5 months ago.Category: Real Estate Law
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Answered in 1 day by:
3/2/2018
Real Estate Lawyer: Irwin Law, Lawyer replied 5 months ago
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,579
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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If the property was foreclosed on and the bank took title by sheriff's sale and deed, then you no longer have authority to do anything. The leases you signed are probably invalid and those people might be subject to being put out by the sheriff and/or code enforcement. There are no squatters rights here. There is nothing you can do about the code enforcement issues. The city will contact the bank about the condition of the property.

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Real Estate Lawyer: Irwin Law, Lawyer replied 5 months ago

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