Posted by Bill (NY) on April 28, 2002 at 16:44:41:
;o)
Got a forclosure, now getting sued! - Posted by Gregg Stevenson
Posted by Gregg Stevenson on April 28, 2002 at 10:33:00:
I’m in N.C. and back in February of this year I bought a foreclosure at the courthouse. The house had a workshop with it that had a lot of stuff in it. I took all of the tools that I could use in my day to day upkeep of my rentals and I sent word to the old owner to get anything that he wanted before I rented it because I would have to throw it away. I waited at least a month and the guy never stopped by, he rode by several times and looked our way but never stopped and asked for anything. I waited until I actually got a signed lease agreement and then I cleaned the shop out. I took a few personal items, pictures, etc to his mothers house and I threw the rest away. On the 22nd of April I got a letter from a lawyer saying that I illegally retained his personal property and that I would have to pay for everything including his legal expense. Does anyone know anything about this? I thought the bank filed eviction papers as a part of their foreclosure proceedings. I bought this from the bank and not from him so if he has a right to sue, wouldn’t it be the bank and not me? Any help on this matter would be greatly appreciated. Thanks!
Re: Got a forclosure, now getting sued! - Posted by AnnieNC
Posted by AnnieNC on April 28, 2002 at 19:41:50:
Hi Greg,
I too have been through similar situations with foreclosure and estate properties. I agree with Bill, take the letter to your RE attorney and have him draft any correspondance for you. I noticed from your email address that we may be “neighbors”. Are you in the Henderson area? If so, and you need a recommendation for an excellent local RE attorney, email me and I’ll let you know who I use.
Good Luck!
“Annie”
Been there - done that! - Posted by ken in sc
Posted by ken in sc on April 28, 2002 at 13:38:33:
I have been sued twice by former foreclosure owners, so I understand. Now, I factor in $1000 for extra attorney fees when analyzing a foreclosure buy; if I don’t get sued it is just that much better a deal! Check with the foreclosure court by phone, they can tell you the rules. In my area, you would have had to file a writ and wait anther 30 days before becoming the “owner” of the personal property left behind.
Good luck - Ken
Hats - Posted by Potash
Posted by Potash on April 28, 2002 at 12:20:13:
Usually foreclosesse (yes, I just made that word up) leave behind a baseball hat. I get a strange sense of satisfaction in wearing the Hat anytime I visit the property. . Point in fact, you haven’t been sued yet, you just recieved a threating letter from an attorney. You will recieve a Summons if you get sued. I would call the attorney an explain that the only things of value in the property when you took possesion were; the personal items, some pornography, and some drug paraphernalia. Tell him you would be happy to return the personal items, but that you threw away the pornography and the drug paraphernalia. Offer $50 as reimbursement for the estimated value of the pornography and the drug paraphernalia.
$.02 - Posted by Bill (NY)
Posted by Bill (NY) on April 28, 2002 at 10:44:40:
I take it you don’t know what was in the shop before the man left his property behind.
Is it possible that someone, including the man himself, could have taken some of the items before you took over the property?
Ask for a list of what so called personal property is missing. It could be that it was gone before you even got there.
Also, sounds like you should bounce this question off your lawyer.
$.02
Bill