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    RSRUSSK's Avatar
    RSRUSSK Posts: 1, Reputation: 1
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    #1

    Apr 15, 2012, 12:07 PM
    have I run out of time
    An eviction and unlawful detainer have been filed against me. Having a lease (rental home has been foreclosed on) and thinking that I had 90 days, (8 months remain on the lease)II erred by responding to the mortgage holders attorney, not the court.( thinking that this was an error). Attorney requested a copy of the lease, some utility bills, etc. I complied.. (Still thinking this was all in error).

    When the sheriff knocked on the door. I started to suspect who made the error.But I didn't learn.

    Again I called the mortgage holder;s attorney who again requested cioy of the lease and some random bills in order to "stop the process". And again I complied. At that point, I started calling the attorney to verify that the "process" has stopped.

    My calls went unanswered (no news is good news?) until this past Thursday. I finally got a return call stating that the bank (mortgage holder) is going forth with the eviction.

    QUESTION: Eviction will be 6 AM Tuesday.. Can I still file an EX PARTE APPLICATION on Monday? It is absolutely impossible to move by Tues AM. My "mate" (also on the lease) is a disabled vet, and it will take a few weeks to find suitable housing.

    thank you
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Apr 15, 2012, 05:45 PM
    Has the eviction hearing already been held and did you fail to attend? What exactly did the sheriff serve you with?

    Did the mortgage holder obtain title through the eviction? You do understand that you had a right to at lease a 90-day notice, or you can prove that you have 8 months left on the lease, the 8 months, right?

    I can't tell you about filing an "ex parte application". What state are you in?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 15, 2012, 05:47 PM
    Yes to have a formal eviction there had to be a court hearing, did you just not go to the hearing ?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Apr 15, 2012, 05:50 PM
    On Monday morning, appear at the courthouse with copies of all your paperwork. Tell the court clerk that you want to file an emergency motion for a stay of eviction and a request that the matter be heard. Make sure you tell the clerk that the bank's attorney told you the "process would be stopped" if you provided them with the paperwork they requested. Also make sure that you put that information in your motion and tell the judge as well.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 15, 2012, 06:38 PM
    ANY question on law needs to include your general locale as laws vary by area.

    I would do what Lisa suggested, but some of the advice you have been given including hers, may not be applicable depending on location.
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