All Forum Posts by: Edward Longfellow

Will do Trudy....

Contacted an eviction attorney, suggested that I write a formal response to the 3 day notice and contact the bank (which I did). Waiting to see how this plays out.

The bank could take a UD out on me, or offer me C4K's or ?

Will let you know as things progress...

I want to thank everyone with their very thoughtful and excellent advice, I will consult an attorney friend of mine for some of the finer points which I still a bit concerned about.

God bless all of you....

No he is not my family member just an old neighbor, from several years ago, we never hung out, just know his personality.

Also, didn't answer your question about being on the banks UD case, no we were never mentioned in the UD case at all.

So are you saying that even if the three notice to quit expires on Tuesday, I still have about 25 days left before they attempt to file a UD?

From the three day paperwork they posted (from express evictions website they downloaded) seems like they can file a UD any time after Tuesday. But they really would be stupid to file it since I can provide the court the usbank versus landlord UD case and a foreclosure transfer of deed document as well,

Otherwise, I will only contact the bank if they file a UD at this point and try to get a c4k's from them.

Hi Rick,

Yes the borrower / landlord rented the home to me after the foreclosure sale and never lived in the property, in fact, they hadn't lived in the property for 2 years (left vacant).

Would this work in my favor?

Hi KMP

Thank you very much for your advice. I completely agree with your strategy.

As I mentioned in my earlier post, I tried to give the rent last week, and he refused it. He did give us a 30 day notice on Wed, but then figured out that he can use the lack of rent as an excuse to give us a three day notice to quit versus a 30 day notice which he posted the very next day on Thursday.

Since he most likely will not cooperate with me (I know him very well), I have no choice but to go to usbank and ask for a c4k's.

I do feel really bad doing this to him, by taking away all his chances to get his home back, but I cannot figure out a good way to solve this issue.

Thanks Tevis

Yes I violently agree about the terd part!

I think the best strategy is to offer the home back to the bank with a 15 day cash for keys offer, and ask for $10k as this is what others are getting for c4k programs. Either I give it back to the landlord and he can duke it out with the bank or convince the bank that they will have the house soon, and in good shape.

I can do a motion to quash if the landlord tries to do a UD on me since he has no standing and I am working with the bank.

If the bank says to get out, I will tell them that I would fight it or give it back to the landlord.

I have a 60 day window for a UD to be resolved before it can ruin my credit and my case would be dropped if I move out.

Thanks Jon

Yea, he did not want to do a formal lease, month to month verbal is all we have at this time and proof with utility bills that we have been here for the past few months.

Under the "Protecting Tenants at Foreclosure Act" we apparently have 30 days to move. All we need is 20 more days since my family said let's just move (they didn't like the neighborhood)

I'm just appalled by the landlord's delusional frame of mind, he does not own the property anymore and all of this time we should have not paid our rent to him but to the rightful owner of the property.

UD - stands for Unlawful Detainer - first step in which a lawsuit is filed which tries to evict a tenant

The bank repossessed the house from the landlord by selling/buying it back at a public auction and then filed a lawsuit (called a UD) to evict the landlord). We rented the house, not knowing that the house was sold and that the landlord did not own this house anymore and had been paying him all this time.

Now the landlord wants to evict us by filing his own UD -a house which he doesn't own anymore.

Hello,

We just found out that our landlord has been fighting the bank in the house we have been renting the past several months and even though he told us everything is Ok, we just found out that the UD trial is set against him (US Bank) and the bank is expected to win. Our names are not on the UD, apparently he provided the bank with a fraudulent rental agreement with another party since we had seen another name on some legal papers posted on our door a while back.

Now the landlord wants to move into the rental house and kick us out (he is going to try to do a BK and other moves to further delay the process).

He just gave us a 3 day notice to quit (we are in California) and he threatened us with a UD if we don't move in the next two or three days.

I told him we would leave at the end of the month (less than 30 days) but he said we have to move out ASAP. Please note that we were not late on our rent and in fact he doesn't want our rent at this point.

I am thinking of contacting the bank and telling them that we have possession of the property and we would be willing to do a cash for keys. This would really screw him over (which I don't feel right doing, but if he files a UD, I have no problem doing that, if he tries to ruin my credit, I will try to destroy him as well)

My questions is:

1) Can the landlord file a UD on a house that has been sold to the bank already? He has no standing here right?

2) If we contact the bank, do you think they would cooperate with cash for keys program?

Thank you.