Eviction of former owner
Hello everyone
In August of 2017 i purchased an occupied home in Jefferson County Alabama from BOA online at Auction.com. I paid $189900.00 for the property and the closing went smoothly. By the time we had closed the previous owner had lived in the house over a year and their ROR time had expired. We served the previous owners with a writ of ejectment and they had thirty days to respond. Before their thirty days were over they filed an wrongful foreclosure against BOA and stopped everything cold. We eventually got a court date in Jefferson County on September of 2018 If you are keeping track that is over a year waiting on the courts. BOA's lawyers drug their feet and of course there was no urgency by the previous owners lawyers as well. All we could /can do is watch and pay all the houses expenses. In September 2018 BOA's lawyers got a summary judgement in our favor against the previous owners and then their lawyers filed an appeal, we now have to go to mediation ordered by the appellate court in March. We also had to try mediation ordered by the county judge that was a waste of time. We will eventually just be waiting on the ruling of the appellate court and if they uphold the county judges ruling. Apparently there are groups of lawyers that charge a monthly fee from the previously foreclosed owners and will tie up their foreclosure in the court system with no real intent of doing anything but saving rent/payments. I guess the main reason for my post is to make others aware of what can happen when buying an occupied property or at least in Alabama which is a non judicial foreclosure state, and if anyone has seen this or has ideas on the subject, i would like to hear from them.
Thanks
AJ