[srhelm]

I apologize beforehand for the novel but the details are pertinent. Presently, I am using my home of six years for shelter for my 3 children and I. Our time here is extremely limited as our landlord lost the house in foreclosure. I have been to court for unlawful detainer and lost to the mortgage company. The sympathetic judge gave me 30 days to vacate and that date was September 9th... it is the 23rd today and I haven't seen any sign of the mortgage lender who refused to honor the lease or create a new one. They also denied my request for 60 days vs. 30.

Part 2: I did find a new house to move in around the 15th and put a 200.00 deposit down as required by the prospective landlord(s). After approving my application, the new landlord gave me permission to move some outdoor items to the property and could store some items in the detached workshop. He also allowed a new bed to be delivered and set up inside the house. I asked to move more of my furniture but he said he'd be more comfortable doing that after his repairs were completed and we reviewed the lease and paid the 1st months rent(that date being the start of the lease). Due to my upset stomach, my mom(she found house and had previous conversations with my land.) met with the new land. And asked how much they needed her to write the check for (825). She did and they gave her a key to pass along to me and said we'd worry about signing the lease the next day. The next day I was put off to the wife landlord whom informed me they needed add'l money; last months rent. B.S. A 200 deposit and first months rent to move in was the verbal agreement from day 1, not what she was trying to sell me. I told her there is no way I could (would) do that and asked if I was going to lose the house if not. They graciously returned the 825 check but not the deposit(200). Since they already gave me a key you can imagine the shock I got when I drove by and saw they had put a for rent sign up that pm---What the hell? Do the mortgage people still have to evict me legally when they do come for their house? Any guidance?

[rockinmommy]

Ok, about the mortgage lender... they don't HAVE to evict you, but at this point they can any time (if I understand all of your time frames correctly.) It sounds from your description like it's to the point of the process where they could have the sherrif come give you 24 hrs notice and if you're not out by that time they will literally come lock you out and move your belongings to the curb or into storage. There's just no telling when they'll show up to do so.

As for the house you were going to move to... do you still have the key for it? Can you not get in contact with the person you were originally dealing with? (Husband?) Is your stuff still there? Unfortunately for them, since they let you move stuff in and gave you a key you are now their tenant and if you move in I don't believe they can stop you. I'm a little confused by your details. In one place you say you reviewed the lease and paid rent. Then somewhere else you say you'd sign the lease later and your mom paid $825. What have you done so far to try to work things out with them? What are you wanting to have happen? Do you still want to move there, or do you just want your other $200 back now?

Karla in TX

[ScottGem]

You said a judge gave you 30 days to vacate. If you do not vacate by that time, you either need to appear in court and plead for some extra time or expect the mortgage company to have you put out anytime afterwards.

As to the new place. Karla has a point. They accepted a check, and handed over keys. However since they did return the check, you might have a hard time in court over it. If you do still have the keys that would help.