foreclosure lawsuit

[sybadon]

to make a long story short...bought foreclosure single family home, oct. 25, still have not seen the inside of the house because of refusal to enter, started eviction process immediately after i closed ( late nov. ) ....constable comes today and serves me with papers that im a defendant in said case, women is trying to get her home back, there is no remdemption in ma. she retained an atty after the auction ......in short, the lawsuit claims she wasn't notified of the auctiion ( the atty's said she called day and night right up to the auction ) , it also claims hardship she has no place to go ( she own's a 3 family cross town ) ...aslo that the auction sold for much less than the appraised value, because there were only 2 bidders at the auction, ect.....also she is trying to claim to the court she must have title to the property and occupancy rights in lieu of this grave injustice and to halt all eviction proceddings immediately..............anyone ever deal with something like this before.... i do have a court hearing ( housing court ) on monday to get a court order notice to inspect the property.... sheesh...this ones a doozy

[jsfletcher143]

Hey sybadon,

I am not a lawyer, but I am preatty certain that at some point this woman got a "certified" notice that she had to sign for that had all of this stuff lined out. If she didn't read it that's her fault. If you bought the house on the up and up at the auction I would not even worry about. Maybe you should file a countersuite  her for wasting your time. Sue her for about 30k because thats how much you lost by being in court and someone else took your next deal.

John

[sybadon]

hey js, yes im sure everthing was done by the books, she claims in her afidavid that she had no knowledge of the auction, the first auction was canceled because of her, and when it came up again, she called the atty's office frantically every 5 minutes for the day's before the auction, ....i plan to file  a counter claim for damages, and attatch a lien on her other property which she seems' to have forgotten that she owns, since she ( in her affidavid )  claims " that it would be a sever hardsip to me and my children to find other housing should i be wrongfully deprived of my home.
sheesh....what a wackjob

[thetony]

This ones sounds very interesting, although I suspect her case is frivolous and most likely it'll end up being dismissed--Let us know of the outcome.    Good luck (you wont need it though  )

[sybadon]

hope so tony, i'll keep the board posted

[sybadon]

hey steve, yes it was a foreclosure auction, but it is not an apt. it's a single family home, and she is not a " tenant , or renter "  ...she is the former owner of the property.....i think the property is going to be tied up for a while with this court case, it could take 3-6 months, unless the judge just dismiss's it.....thats the chance you take with these.....i don't really care, except for the fact with my money tied up it's killing other deals. Im in the process of having the court make her post a " bond " for the occupancy of the property if she plans on staying there ( which she does ) during the lawsuit. I also have a hearing in housing court on monday for a court order of entry, which im sure her lawyer will be there stating that this was foreclosed upon illegally, and i have no right to enter the property until it's cleared up, but im the one paying the mortgage, insurance, and paid $6000 in municiple's , so im hoping the judge will see that it's in both parties interest to have the premises inspected. im going to post monday and let eveyone know what happens with the proceedings on monday. Hopefully with some good news. Purchase at auction on October 25th, have yet to see the inside of the property....here's a pic of the subject property http://www.sukicustomseats.com/ljadf.JPG

[sybadon]

UPDATE:

Have court Sunday for a " court order of entry" .....her atty. faxed my atty, He is trying to consolidate the eviction case with the civil case to tie things up for me.....what a  mess, hopefully i get the notice to enter on monday's hearing, that'll put me at ease a bit.......also, she's coming into court with a bunch of hoopla about how i threatened her ( the threatening letters are simply a notice to enter forms she's been served " , and the other false police report she filed...what a mess.....i try to keep my RE investing a business.......she's really making it personel....
bought at auction Oct. 25th
Still have not seen the inside of the house
Eviction proceedings have started, but her atty. is seeking an order to stop all proceedings pending the civil action lawsuit ( unlawful auction, she wasn't notified, proper " ads " weren't posted in the paper " ,  the house sold for less than fair market price because there were no photo's in the auction ads' ..... not enough people to get fair market value at auction, ect....
her atty is seeking she claim title and rights to property till civil action is settled.
I paid , $6000 back taxes, One year insurance in full, and have a $2500.00 mtg payment due in a few weeks.
she is not only living in the property,( a single family home ) but renting space in the home and collecting rent.
WHAT A MESS......

[kikaider69]

Sybadon,
     Just out of curiosity, how is it that she still has water, electiricty etc.  Is it still in her name.  Have u knotifed the utilities that the property is now in your name because u bought the house at auction.  If they are not being paid, tell them you will pay them when the owner leaves but you need  to have them to turn off utitliies. because you are trying to evict ?  I dont know if what I am propsing is legal or not.  ONly you and your attorney would know.  Someone can always correct me.  I guess the next time you buy a property at auction, make sure you take control of the property by having the tenant somehow leave.  I guess thats why alll the systems I know preach make sure they leave the place beforeyou give them money for the contents of their house.  Have you tried to find out from her what it is she really wants to to do? Good luck. Keep us posted on your progress and we'll learn from your trials and try to add it to what we aldready know.
steve

[aznewbie]

If you shut off her utilities she might have another way to draw this thing out and make more problems for you.

She's obviously not a reasonible or considerate person but another thing to consider if you are thinking of shutting the utilities off is, it is winter time and does she have kids?

I hope everything works out well for you.

Just my .02

[sybadon]

if you shut off utiities, you are in deep stuff with the courts....the mass system don't take kindly to landlords who take matters into there own hands...BTW, i am not paying them,l although i did pay them to get them up to date.  This is one of those " one in a million " tenants who go to this extreme, and guess what, im the lucky ticket holder. She has been totally unreasonable, and nothing from her mouth has been the truth in her afadivid's and statements...This is what happens, although very rarely to this extreme, when you buy an auction property, im trying to do everything by the books exactly, and handle this one extremely carefully. You know you have a problem when you serve a 24 hr notice to enter, and she calls the police and files a complaint that your leaving " threatening letters " ....hopefully this works out, im pissed because of a few other deals that had to be let go because of it,  i got 2 properties going up for sale, and hopefully, that clears the air a bit for me to give us some cash flow for the time being....
thanks for the responses, oh...angelina....she claims to be caring for her 3 minor children in the home..... but when i was serving notice i talked to someone who lived there that told me she does not have her kids living there.....im invesigating that right now....

[sybadon]

just got out of court, she barreled in there with kids that weren't even her own...., anyway got a court order to enter dec. 29th for a 2hr inspection, that's about all for now, have my eviction hearing for jan 9th, but that's probably be consolidated with the civil action case......my atty is in the process of drawing up our counter complaint, and damages, and seeking for her to post a bond for occupancy....it's one step at  a time here......

[Sign Here Please]

Wow! That's a beautiful home. You Payed only 6,000 in taxes, with a morg. Of 2,500.00 what a steal..... Good luck to you...

[cja1026]

for the most part I've seen crafty lawyers tie this kind of stuff up over years in NYC and surrounding areas because judges here really don't like to evict anyone.
But your case is clear cut I think you should ask the foreclosure attorney for the affidavit of service that kills her cause of action right there and file a complaint against her attorney for not doing his own discovery on these facts and make sure you apply for a restraining order preventing her from filing nuisance complaints.
Tie her @#$! with litigation and costs then attach her other property for your complaint against her.

[az4closure]

I like that last post. The bank makes an effort to notify her through the Notice of Trustee Sale. It's her own fault anyway. How could someone not know they are going to loose their house if they havn't been making payments. That's pure ignorance. She deserves everything she gets and looses. Good luck.

[OlympiaHomeBuyer]

Sounds like a horrible situation.  I never would have thought of that problem on a forclosure sale.  I am looking at some property to bid on in a Trustee auction.  
What are some other potential pitfalls of auctioned houses? What are the best ways to avoid them?  
The rules for all of the auctions I have seen require me to bring a cashier's check for the amount of my max bid.
Are all auctions this way?  
What are some of the best and least expensive ways you guys have found to have large sums of money at your disposal for auctions?
My credit is good, and do not know the best way to get a loan on the property if the auction terms require a cashiers check, money order or cash.  I know that is a lot of questions, just hoping someone can help.
Thanks guys,
Ryan