We were forclosed on due to my lawyer not doing his job on a banking error. We left the home 5 days after the auction we told the Banks lawyer by phone by fax and by a letter we were leaving. Now 2 months later they have filled a eviction calming we refuse to leave can they lie to the court like this??

Why do you assume it's a lie? Could be a simple error. So you send a letter to the bank, with copies of the letter and fax you sent when you vacated (by the way you had 90 days before you would forced to vacate). Ask that the eviction action be dropped because you no longer reside at the address.

If they refuse, then you show up at the court hearing with your proof that you vacated and ask that the bank be censured for harassment and that you be awarded court costs for the inconvenience.

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Originally Posted by ScottGem

Why do you assume its a lie? Could be a simple error. So you send a letter to the bank, with copies of the letter and fax you sent when you vacated (by the way you had 90 days before you would forced to vacate). Ask that the eviction action be dropped because you no longer reside at the address.

If they refuse, then you show up at the court hearing with your proof that you vacated and ask that the bank be censured for harassment and that you be awarded court costs for the inconvenience.

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I very much doubt that there will be any court costs incurred by the OP.

They could simply ignore the whole thing, except that the judge may award the bank court costs and attorney fees for allegedly having to get the eviction order. Therefore they should write the court, with copy to the attorney for the bank, that there must be some mistake because they have already moved out.

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Originally Posted by ScottGem

... (by the way you had 90 days before you would forced to vacate). ..

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I believe you are thinking of the Protecting Families at Foreclosure Act. That 90-day notice requirement applies to lessees of mortgagees in foreclosure, not to the mortgagees themselves.

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Originally Posted by ScottGem

Having to take time off from work, maybe engage an attorney could result in costs to the OP.

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Attorney fees are different than court costs, and, in most states, generally not recoverable in the absence of contract. Banks can get attorney fees in foreclosures only because the note or mortgage provides for attorney fees. I suspect it would be different in post-foreclosure proceedings like this.

"Court costs" means such things as filing fees, witness fees, deposition charges, etc.

However OP could ask the court to sanction the plaintiff or the plaintiff's attorney, and require them to pay something to OP to punish them for a bad-faith motion like this.

We did call the lawyer and she stated we refuse to give them the house. But you have to understand this is the same woman who sent us a letter saying we had 10 days to agree to the cash for keys program and 6 days in sent us a 5 day letter to get out. Also telling us we had to finish the home to make it able to sell. Her firm is pissed we took them to court for 4 years because of the unlawful things they did. If it had not been for my lawyer failing to file paperwork I would still have a home that I built and paid for. All of this because of a error in paperwork I lost my home

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Originally Posted by PNCsucks

we did call the lawyer and she stated we refuse to give them the house. ...

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Someone is out of touch with reality. Either the lawyer is not being told the truth (by the lawyer's client) or OP is confused.

Is the house unoccupied, empty, and have you surrendered the keys?

The house is empty... We even have a letter from the bank telling us the house is empty wanting to know if we have insurance on it. That was canceled the day they foreclosed on it... The Real state agent even knows the house is empty. The power was turned off 2 months ago. The grass is now 2 plus feet high. We left the keys in the house. As far as I know the door is still unlocked...

Like I said they made mistakes and took my home now there still going after us to make us look even worse... Its bad enough I have all my canceled checks for my house payments yet to this day they say I never paid those payments

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Originally Posted by PNCsucks

The house is empty.... We even have a letter from the bank telling us the house is empty wanting to know if we have insurance on it. That was canceled the day they foreclosed on it.... The Real state agent even knows the house is empty. The power was turned off 2 months ago. The grass is now 2 plus feet high. We left the keys in the house. As far as I know the door is still unlocked...
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It appears to me that you have not effectively "surrendered possession" to it. You have failed to deliver the keys to the bank and, in fact, have invited vandals or trespassers by leaving the house unlocked. You should have delivered the keys to the bank's agent.

From their point of view, if they were to go into the house and attempt to exercise dominion over it, they could be liable for forceable entry. I suggest that you very clearly inform them by certified letter, with a copy to their attorney of everything you have written above. Tell them that as far as you are concerned they may go in and do whatever they want with the house, that they could have done so on the day you left, and that you have no claim to possession of any nature.

The house being empty is different from your turning it over to them. One can possess a house without being physically present. That's what they think you are doing.