[holloway32]

Here's the deal... my sister and her husband lived in Montgomery, Alabama and about a year ago, they re-located to Texas. Prior to the move, they leased the house to a family of 4 (father, mother, 2 kids). The tenants have never paid the 1st payment. My family hired an attorney and the court issued a ruling in favor of my family and said that the tenants had to leave. About a week before the removal date, the tenant filed an appeal and WON!! So now they get to stay in the house w/o paying anything and my sister's family is about 3 months away from losing the house to foreclosure. They are having to choose which bills to pay each month and which ones to be late on. My sister and brother-in-law have 3 kids (ages 10M, 4, and 10). They are both school teachers and always worked hard for everything they have and now these tenants are close to ruining all that.

How is this legal? Is it not stealing? What, if anything, can they do? They have an attorney and a family friend who lives in Montgomery that has the power of attorney. Is there anything (else) they can do?

I am an educated man but I know nothing about Real Estate Law in Alabama.

Someone please help me!!

[AK lawyer]

... About a week before the removal date, the tenant filed an appeal and WON!!! So now they get to stay in the house w/o paying anything ...
How is this legal? ...

Hard to say, without reading the decision of the appellate court.

If that court found that these people cannot be evicted and don't have to pay rent, maybe your friends can get the same court to do the same thing to the bank.

I don't mean to sound flip, I am sympathetic, but without reading the opinion, I can't say how this could happen.

[ScottGem]

Agreed. Without knowing the grounds for winning the appeal, it is impossible to advise. It could be that the original order was overturned on a technicality which means they just need to refile.

What does their lawyer say?

[Fr_Chuck]

Yes Alabama is a easy state to evict from, and it is a very easy state to foreclose in, ( for foreclosure you don't even have to go to court, you merely serve notice of the date of sale and have a sale at the court house steps) ** I foreclose there alot)

As for the eviction, how long after the court ruled that they had to leave did they file the appeal.

Next why did they let them go more than one month without paying one payment, and let it go a "year"

What was the grounds for the appeal. ( there are few in Al)

And even appeal only gives them one or two months.

When they filed the appeal did they travel back to court, for a appeal they would have been served legal notice and had to be represented in court.

[holloway32]

I'm not sure how to quote someone yet so please accept my antiquated approach.




Yes Alabama is a easy state to evict from, and it is a very easy state to foreclose in, ( for foreclosure you don't even have to go to court, you merely serve notice of the date of sale and have a sale at the court house steps) ** I foreclose there alot)

As for the eviction, how long after the court ruled that they had to leave did they file the appeal. - I'm not sure but I'll find out

Next why did they let them go more than one month without paying one payment, and let it go a "year" -I asked the same question and the answer I received was that after the 1st month, they hired a lawyer and started the procedings. My sister doesn't even know when the next court date is. Isn't that info posted some where?

What was the grounds for the appeal. ( there are few in Al) I have no idea. How do I get a copy of the court's decision?

And even appeal only gives them one or two months. The appeal was filed in January. This at least gives me hope. Those people will still have to get out?

When they filed the appeal did they travel back to court, for a appeal they would have been served legal notice and had to be represented in court. . They did not travel back to Alabama. The gentleman who has the power of attorney represented them. Would it be better if they actually traveled back for the court date?

[ScottGem]

Ok, so what I get from your response is that your sister either is not aware of the details or didn't give them to you. So basically you have no idea what really happened. So, before, we can help we need a lot more concrete details.

I can tell you this. It doesn't take very long to get an eviction, ESPECIALLY for non-payment. As soon as a tenant is late they are given a 3-10 day pay or quit notice (the time depends on local laws). If they do not pay within that deadline, then the landlord files for an eviction order. Depending on the local court backlog a hearing on that order will be scheduled, generally within 2-6 weeks. At the hearing an eviction order will be issued which generally gives a week to 10 days to vacate.

It is highly unlikely the process would take more than 3 months. It is also highly unlikely a court would overturn the eviction AND allow them to live rent free. The only way I can see this happening is if the landlord failed to make needed repairs.

So, the bottom line here is that the story you are relating, whether its what your sister told you or what, doesn't make a lot of sense. There has to be much more to this then you were told or related here. And for us to help we need to know the real story.

What is worse is that you have told us your relatives are represented by counsel. I can't see a competent attorney letting this happen.

To answer your recent questions; their attorney would have a copy of the court's decisions, get it from him. It depends on the local court whether info about the case is posted online or not. Get the docket number and search. And no, their not being in court shouldn't have a bearing.

[excon]

Would it be better if they actually traveled back for the court date?

Hello h:

Eviction is one of the most straightforward and simple legal processes in the United States. If it got screwed up, it got screwed up because of the lawyer...

I would do TWO things... I'd ATTEND every court hearing, and I'd SUE the lawyer for malpractice.

excon