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-   -   Forecloser and being evicted (https://www.askmehelpdesk.com/showthread.php?t=329633)

  • Mar 15, 2009, 04:33 PM
    wild_eyes012001
    Forecloser and being evicted
    I was living in my house and it was foreclosed on and was put up for auction and the people that bought the house got a court order to evict us. We hads 20 day to get out and we were not able to get in our house until 5 days later form the date the court ordered and the new owners then changed the lock on it 4 days early and so we did not get our stuff out. My ex-husband went in during that time because his name was on the orignal deed, but I was rewarded the house in our divorce. But he took people in there and got my stuff and my current husbands. And is going to sell it because the new owner let him in. An also the new owner removed some of my stuff and plans on keeping it. What can I do?
  • Mar 15, 2009, 05:20 PM
    LisaB4657
    Call the police immediately and report that your property was stolen by the new owner and your ex-husband. Then, tomorrow morning you go into the courthouse and file a lawsuit against the new owner for illegal eviction.
  • Mar 15, 2009, 05:28 PM
    ScottGem

    I'm not clear on the timeline here. The court ordered to vacate within 20 days. Did you leave within that time? Its just not clear how you could not get back in the house or when the new owners changed the locks.

    I do agree that you should call the police immediately. But I would lke to understand the timeline more clearer to see if you were illegally evicted or what.
  • Mar 15, 2009, 06:16 PM
    Fr_Chuck

    Yes, if the court gave you 20 days and you waited to after 20 days, they normally set your property out on the street or give it away.
  • Mar 15, 2009, 06:22 PM
    LisaB4657
    Hold on, guys. If the court grants an eviction then the eviction must be performed by a licensed officer of the court, not the homeowner. If the owner changed the locks on their own that is still an illegal eviction.
  • Mar 15, 2009, 06:27 PM
    ScottGem
    Quote:

    Originally Posted by LisaB4657 View Post
    Hold on, guys. If the court grants an eviction then the eviction must be performed by a licensed officer of the court, not the homeowner. If the owner changed the locks on their own that is still an illegal eviction.

    Agreed, but what if they left prior to the deadline, it might have been deemed they abandoned the property. I'm inclined to believe the OP was not treated fairly, but I'd like clarification of the timeline to know where their rights were violated.
  • Mar 15, 2009, 06:32 PM
    Fr_Chuck

    Here the officer merely comes out and sits in his car in front of the house, while the homeowner moves it all out of the house.

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