Horrible News! Please Help!!!

[Mortisha]

Today I get a call from my aunt (I rent the house I live in from her) and she informs me that the bank is taking this house and that I have a month to get out. So I did what every other person would do... I cried! I did not know they were taking the house from her and thought that I could stay here while my daughter finished out high school but I was so very wrong.&nbsp;<br /><br />Now with no savings and a house full of furniture to sell off, I am so upset. My daughter is crushed because she thought she would be able to finish school here. Last year I offered to rent this house to help my aunt financially and left my loft apt of 6 yrs to come here dragging my daughter with me fighting and screaming that she didn't want to leave that school. Now she is finally making new friends and hanging out like a normal 16 year old would... we have to pick up and move fast.<br /><br />I honestly do not know what I am going to do. Everyone keeps telling me it will be ok and to just get some sleep and deal with it later.... what later?&nbsp;<br /><br />All I keep thinking about is being put out right before winter and the holidays and I have nothing!&nbsp;<br /><br />My son lives in the basement here and so I guess he will have to go live with my parents and me and my daughter I guess we will have to live in the van so I can keep her in this area so she can go to school.&nbsp;<br /><br />I could rent an apt but what about our pets. My aunt tells me that her friend has a place to rent for me but no pets. It is like she knew for a long time and never told me about this at all.&nbsp;<br /><br />What am I going to do......... HELP PLEASE!!

 

[yesican]

Can your parents take your pets?&nbsp; Also...start selling...its the weekend! The best way to get out of fear is to get MOVIN...Even a little progress is a boost in morale.&nbsp; I don't envy you Mortisha, but you will get through this and enlist your daughter and son to help.&nbsp;&nbsp;Kids need to be needed and right now you need them.&nbsp; This is their life and their trauma too.&nbsp; Try and unite and work together.&nbsp;I'm pullin for ya.<br />Rae<br />&nbsp;

 

[dborla01]

sorry to hear, mortisha. I wonder how long your aunt has been in arrears with bank? I have heard that people have stayed in homes for a long time even though they have stopped payments. Have you checked that your aunt is bound to evict by bank in such short order?. Darrell.

 

[Mortisha]

I honestly have no clue about anything. She tells me that she will call me next week and let me know what the bank and the attorney says but I really think she wants me to leave and I have no clue why. I feel like I have been hit in the head with all of this.&nbsp;<br /><br />People are telling me that it is against the law to do this to me and I have been reading that law Obama signed in 2009 that says I have at least 90 days to vacate but I have never been served with an eviction notice or anything. I just resigned a new lease in July and isn't that breaking my lease... wouldn't the bank have to buy the lease back from me? I hate this being a weekend because I can't get a hold of anyone who knows anything.<br /><br />My daughter is all upset and I don't blame her. We moved here to help my aunt out only to be treated like this. A few months ago I even let her drug addict son stay here...free of charge so he wouldn't get in trouble with the law and this is how she repays me. Now her kids are in prison.<br /><br />I need to find a way to make quick cash to buy something larger to live in. So if anyone has any ideas please let me know. Asking my family to help is fruitless.&nbsp;<br /><br />Sorry I am in a not so great mood right now .... HuggZ

 

[wildmountainhoney]

Aww Mortisha, I am so sorry you are going through this. I don't know if the laws differ in other states. But, I know if your landlord (aunt) doesn't pay the rent, you can be forced to leave despite the fact that you have a lease. I also know it takes a long time to forclose on a house. So she has either known a long time and is just telling you or She is bs'ing you... either way it should be a matter of public record if the house is in arrears. (i believe so anyway.) If you know what bank it is you should contact them first thing Monday morning. Be honest and tell them you currently live there and are being told you have to vacate etc... they should tell you. Go from there, one step, one moment at a time... you WILL be okay!!! You are a strong and smart lady!

 

[Mortisha]

Oh and no my parents can not take my pets... better to say .. they would never even think about it. Tomorrow I am digging everything out and starting the sale. I have a few places on facebook that I can sell on and I can also just do a yard sale as well. So tomorrow pics will be taken of everything and posted to sell. I sure hope I can make enough to buy an rv. HuggZ

 

[mockturtle]

1.&nbsp; Don't panic<br />2.&nbsp; You have at least a month<br />3.&nbsp; You may be able to make her honor your lease<br />4.&nbsp; Take stock of your situation calmly <br />5.&nbsp; Break it all down into pieces and, as someone else suggested, work on a small bit at a time.&nbsp; It's true that every accomplishment will make you feel empowered and more confident about your future. <br /><br />&nbsp;I know the feeling you have of desperation NOW and wanting things resolved immediately but, as you admit, nothing can be done about it this weekend.&nbsp;&nbsp; You will survive!&nbsp; Hugs and prayers.

 

[Mortisha]

Thanks Honey<br />I am going to call on monday and find out what kind of mess this really is and how long do I have. Until then I am planning a huge sale. HuggZ

 

[peacetara]

*HUGGLES*<br /><br />So, I've been in sort of similar situations.&nbsp; Here is how this all usually works (based on my memory), assuming you have a mortgage with a bank:<br /><br />1) the bank decides that the 'owner' (your aunt in this case it seems) hasn't been paying enough of the mortgage, so will start a foreclosure process.&nbsp; They have to notify the owner, and they have to stand in court and the owner (your aunt) can contest and show up and fight for her property. Once a foreclosure is done, then the bank legally owns the house again.&nbsp; This doesn't mean they can physically make you leave the property.&nbsp; They still have to file for and get an eviction order processed.&nbsp; Usually evictions take 60-90 days, but sometimes you can push them thru in 30.&nbsp; Each city/county is probably a little different with how this all works.&nbsp; Once an eviction has been processed, then they can serve the eviction notice.&nbsp; Usually it's a week but sometimes it's 48 hours. Everywhere I've ever been, they MUST put a giant sign on the door whenever it gets to 48hrs.&nbsp; 48 hours later, the owner can have a cop show up, and physically take you out of the property.<br /><br />Anyways, every city and county is a bit different with how everything works, so the details might be a tad different.. BUT there are lots and lots of laws around built to protect renter's from being thrown out in a big hurry, so chances are this 30 day's you must be out stuff is wrong.<br /><br />So this is what I would do, on Monday show up or call the local courthouse and ask about eviction notices on the address you live at. Also ask them what the eviction policy is in that area.&nbsp; They will be able to tell you the process, how it works, and what the deal is.&nbsp; This will help a lot.&nbsp; If an eviction notice hasn't been filed, then you have some time, AND you now know the truth about the process.&nbsp; While you are talking to them, I'd also ask about the foreclosure status and process.&nbsp; They may or may not be able to tell you the status, but they probably can.<br /><br />This will give you the truth about what's going on, which is important.<br /><br />Also, read your signed lease, it's your magic savior. It will tell you the process for either party to terminate the lease.&nbsp; Usually it's 30 or 60 days written notice.&nbsp; If your aunt hasn't done whatever the lease says, then you are good.<br /><br />*IF* it's in foreclosure, and you still have a legal valid lease, then you can call the bank and talk to them (me I'd show up in person if possible, personally). Make sure they know you are leasing on that property and that you expect them to honor the lease when they become the legal owner. Chances are, the law is on your side and they have to, but again, every area/place is different, but I imagine if you are nice, and the bank doesn't have any big plan for the property, they will probably let you keep the lease as is, but won't renew it (tho they might, you never know).<br /><br />If you do NOT have a signed, valid lease, then you are in a bit worse shape, but I'd do all the stuff above anyways, so at least you know the truth about what's going on.<br /><br />Anyways, take a deep breath, relax.&nbsp; You will find a way! Worst case you end up van living a little sooner than expected, and that's not a bad thing at all!!<img src="/images/boards/smilies/smile.gif" border="0" align="absmiddle"><br /><br />I also totally agree, plan and keep your HS daughter in the loop, they learn a LOT from watching how you react to the situation, and kids are amazingly resilient.<br /><br />*huggles* You can get thru this!<br /><br />With Love,<br />Tara

 

[Mortisha]

Thanks so much Tara! I am going to call the bank and my aunt on monday and talk to them both about this. I wouldn't be in such a panic if I would have had sometime like I thought I did. Now I have to include my daughter in my vandwelling and she is not very happy about that and why would she be. This is not her dream.&nbsp;<br /><br />I am going to work at getting things together this weekend and just try to keep positive. Well as positive as I can. Maybe after I sell off most of my stuff and my van trade in to have enough to get something larger to live in. But of course my daughter is hating this idea.&nbsp;<br /><br />I can't go to my family for help because they will just buy me a house to keep me here and they know that. My mom would give me the money but not for what I want it for. I feel so disheartened right now.&nbsp;<br /><br />I have had 2 panic attacks today and I don't feel well at all. Thanks everyone for being here for me though I do appreciate it. HuggZ

 

[wildmountainhoney]

I saw this article and Tara is right on about it. Something similar happened to me but it was about 1995, my how things have changed. Luckily, in your favor! Keep your chin up! <br /><br /> Here is the article:<br /><br />http://articles.businessinsider.com...-process-underwater-mortgage-mortgage-holders

 

[peacetara]

Call the county courthouse and county recorders office too (I'd start with them), and good luck!

 

[oldsoul]

Mortisha, im really sorry to hear about your predicament. Life can really be a pain in the ass sometimes. Hang in there, check out all your available options and don,t panic. Yeah i would get selling as quick as possible by any means possible (yard sale, craigs list, whatever.) How old is your son? at least you have a van and were planning on moving in anyway <img src="/images/boards/smilies/smile.gif" border="0" align="absmiddle"> don,t worry, things will work out for you. Just do the best you can.

 

[SirJoey]

<br /><span style="font-family: 'comic sans ms', sans-serif;"><strong>Oh my gosh, wotta nightmare! I feel for ya! Not much I can add to the good <br />advice </strong></span><span style="font-family: 'comic sans ms', sans-serif;"><strong>others have already given, but U are in my prayers! Be blessed, &amp; know <br />that </strong></span><span style="font-family: 'comic sans ms', sans-serif;"><strong>there are folks here who care! Hang in there, &amp; keep us advised!&nbsp;<br /><br /></strong></span>

 

[Vonbrown]

We are with you in thought and in spirit Mortisha. You will survive.

 

[Where~the~wind~blows]

Mortisha, they can not just put you out, there are legal channels that must be followed, put your foot down and don't roll over so easy. 1) say you will leave at the end of the school year. This will give you time to save for a new place. they will of course counter. either way don't panic! it leads to poor decisions. I don't recall reading what type of pets you have or where you live. These are factors. Contact social services, they can get them to hold off for quite a while. My exlandlord tried for 2 years to evict somebody with kids. Between Social services and catholic charities, they found them and much better apartment along with their 2 dogs.

 

[Mortisha]

Thanks everyone for the advice and kindness. I do appreciate it all. Monday I will call and see what I can do about all of this and I will let you know what happens. Until then I think I just want to take a couple of sleeping pills and not even think anymore. My brain hurts. So good night and thanks again for everything HuggZ

 

[Skimaniaz]

Hello,
I am new to this forum but wanted to throw in my opinion. If I was in your current situation I would assume my Aunt isn't being completely truthful to me. The only reason I can see for the 30 day notice is she is attempting a short sale. The bank would never process it if there are people living in the residence and have told her to remove the tenants (you) if she wants to process the short sale. If that is the case I believe you don't have to move out at all. Just my opinion but gives you something to look into.

 

[Mortisha]

I don't understand... what is a short sale? My aunt is pushing me out so I am going to have to leave asap. I talked to her today and she wants to come and get her appliances so I have to figure out something quick.&nbsp;<br /><br />Sorry I am just really depressed today and been crying all day so I am not great company HuggZ

 

[mockturtle]

Do you, or do you not, have a signed lease?&nbsp; If so, have you been paying your rent in a timely manner?&nbsp; If the answer is yes to these, she cannot throw you out.&nbsp; Call your state attorney general's office.