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    Dongrace's Avatar
    Dongrace Posts: 2, Reputation: 1
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    #1

    Nov 28, 2010, 06:41 PM
    Quiet title on a quick claimed/foreclosed home
    Hi , sorry for the long story but felt it necessary for the question at hand, at the end.
    I am living in a house that I was renting until... I was renting a house and the ac broke. It was leaking and I told the landlord. He ignored it until the celling came crashing down. He fixed the ac but, not the celling. I told him I would withhold rent until such repairs were made and he agreed. A little over a week later I received a letter from the banks attorneys office with an "at lietum" for anyone wanting to claim the property of "my landlord" decised. He then shows up a week after that asking for rent. I told him he still had not fixed the celling and asked why the bank thought he was dead. He left and filed for eviction. Sued for six thousand dollars, stating I had not paid rent scence January-not true.
    I fought the case and won. Had to pay for the rent that I withheld but can sue for it back due to neglect of property, etc... The evection was not granted due to his foreclosure, the judge said he had breeched the contract first leaving it void. She said the bank is to take possession on Nov 29th- Mon.
    He also somehow transferred the title into a trust, made up for this property, for $0 dollars back in April, 1 month before my original lease was up in May.
    He left a 30 day notice on my door, before the hearing, stating that the trust was the "new owner" and that the previous owner/landlord was now the "property manager", telling me to get out. I showed the judge this and she laughed and said it didn't mean anything.
    The city has a Lien placed on the trust, due to trucks that the landlord said were fine to be on property ,but I just found out they were not okay to be there and have been collecting fines.
    He has been e-mailing me ever sense asking for the keys to the house wanting to show it to someone thinking about buying it, probably a trick- how does he know his key does not work? Scary. I have not responded. He has no right to enter with a locksmith, right?
    My question Is really about the title. Is there a way I can claim this property, through his neglect and the, probably, illegal title transference into a trust, of a family member, he made while defaulting on his loan?
    He also has another loan on this property from another bank, he is also defaulting on.
    So, there are now a few people that are/will be claiming the rights to this property, probably tomorrow. Can I also claim interest in it, maybe with a quiet title or equity title? Is possession really 9/10ths of the law? Do I fix the celling myself and then what.. Place a lien on property when I sue for partial rent monies for each month while in disrepair?

    Please help me, Thank you very much for your time, Don
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 28, 2010, 06:56 PM

    No, you have no right to the property other than a subservient lien for money owed you and you would have to get a judgment for that.

    The other lenders are in line before you and its probable what is owed is more than the property is worth.

    This is really a tangled mess and you would do well to be rid of it Hr can't transfer the property without satisfying the mortgage liens so this business about a trust is BS. If the property will be foreclosed tmmw, then wait and negotiate with the new owner. They have to give you 90 days to move.
    Dongrace's Avatar
    Dongrace Posts: 2, Reputation: 1
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    #3

    Nov 28, 2010, 07:01 PM
    Thank you very much for your help I greatly appreciate it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 28, 2010, 07:54 PM

    No, you have no right to the property what so ever. Also I am surprised that they did not allow the eviction, merely being in foreclosure is not a reason not to evict, ** it happens every day.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 29, 2010, 04:48 AM
    Quote Originally Posted by Fr_Chuck View Post
    no, you have no right to the property what so ever. Also I am surprised that they did not allow the eviction, merely being in foreclosure is not a reason not to evict, ** it happens every day.
    I think the eviction was not allowed because the reason for non payment was the repairs needed.

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