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BUFFYANDGIRLS · Dec 28, 2006, 11:15 AM

He Turned Off My Lights Then Filed An Unlawful Detainer. Who Do I Call?

hottiex24u · Dec 28, 2006, 11:21 AM

The police? Do you owe him money, rent or anything, or did he just cut you?

BUFFYANDGIRLS · Dec 28, 2006, 11:27 AM

No I Don't I Actually Pd For This House In 2003. However He Filed The Unlawful Detainer And Ask For 5000 In Back Rent For The Past Year And Was Awarded It Yesterday. But He Turned My Lights Off Before He Filed The Unlawful Detainer. I Read Everywhere That Its Illegal But The Judge Wasn't Interested And I Can't Seem To Find Who To Call On The Net Just That He Can't But He Did

damafra · Dec 28, 2006, 11:43 AM

Do you own the house? By your wording it sounds as if you do. He has or had to have some sort of proof you owed him for the judge to award it.

mr.yet · Dec 28, 2006, 11:44 AM

HAve you purchase this house? Need more details to help.

BUFFYANDGIRLS · Dec 28, 2006, 11:46 AM

He Was Sneaky In Obtaining Rights To My Deed Back In 2004. I Wasn't Even Aware He Had Done It Until The Evicttion Was Served. And Ive Looked Im Aware He Cheated Me Out Of My House. What I Want Help With Is Who To Call To Report That He Turned My Lights Off And How To Sue?

damafra · Dec 28, 2006, 11:53 AM

Best answer is to seek a really good real estate attorney. Explain the situation and go from there. If he or she feels you are in the right they will tell you all your options and if you are in the right you can counter sue him and alsohe could be in some big trouble with the law. Call at least 10 attorneys or maybe a friend or relative can recommend one for you.

mr.yet · Dec 28, 2006, 11:56 AM

File notice to defend the eviction notice, you can do discovery on him to produce the documents that grant him an interest in the property.

Call an attorney now that deal with real estate.

BUFFYANDGIRLS · Dec 28, 2006, 12:02 PM

I Wasn't Served Until The 19th And Didn't Have Time Or The Cash To Hire An Attorney We Went To Court Yesterday He Won The House I Want To Know What To Do About The Lights Who Do I Call

excon · Dec 28, 2006, 12:15 PM

Hello Buffy:

There's NOBODY to call. The lights are in his name. He owns the house. You need to move, and hire a lawyer.

excon

PS> Go back to the court where you were yesterday. File a notice of appeal. It's easy. You can do it. If you don't, kiss your house goodbye.

BUFFYANDGIRLS · Dec 28, 2006, 12:38 PM

Don't see what good that would do he did everything legally. God won't be proud of him though. The d*#khead! I read that he can't turn my lights off though. I guess that's wrong?

excon · Dec 28, 2006, 12:47 PM

Hello again, Buffy:

Actually, you're right, but there's still nobody to call. At the eviction hearing, tell the judge, and he'll make the dude turn 'em back on till you leave.

If you have to get a hotel until he turns them back on, the judge should make him pay for that.

excon

Fr_Chuck · Dec 28, 2006, 01:52 PM

Not really ever sure who "HE" is, but the electric company can not and will not turn your lights off if they are in your name, The only way HE could get the lights turned off was if they are in HIS name,

Next if you know in 2004 he tood the title or deed out of your name, then in 2004 you need to fight that action in court.

Once you have a legal deed filed in court, the other party can then file a LIEN on that deed, but normally not replace that deed with another one, without some very specific law suits that you would have been served legal notice on.

So if he has a lien on your property, and he is foreclosing, there are various ways to slow down or stop one, but you will need to speak to an attorney about it,

The longer you wait, the less legal options you will have

ScottGem · Dec 28, 2006, 03:14 PM

Somehow I think there is more to this then we are being told. So far we only have your side of the story. But a judge has, supposedly, heard both sides and ruled against you. Maybe this guy is a crook and took advantage of you or maybe you just didn't understand what was happening as it happened.

Go to Legal Aid and consult an attorney. Check if you town or county has an ombudsman or similar that can step in an mediate by getting the lights back on.

BUFFYANDGIRLS · Dec 28, 2006, 06:45 PM

Hell yes there's a lot more to it than what I have the time to write. Especially where the house is involved. However the house I have no problems giving back. This piece of cr*p isn't worth the effort of my breath. And I mean that you can not imagen the problems with this place and neither did I when he talked me into buying it. Which took him 3 weeks of promises to do this, do that, get this fixed, have a buddy look at that etc. none of which he did. That's why I stopped payments in Oct. 02 and then he agreed in April of03 that he wasn't honest about the condition of the house or the things he would get done or would have a buddy fix for me and agreed to me not paying any more for the house other than the interest that had occurred from Oct to April. I paid that and it was said to be even. He gave me the warranty deed and I thought it over. Then in may 04 he took the deed of trust and filed it turning it over to the trustee and then of course back to himself. But didn't file it with the courts until March of 05. Then when aug 06 came around Im getting worried about the taxes being 3 years delenquent and it being sold so I start leaving messages about the bills for 03 04 05 I had paid half the 01 bill because I bought in July and all of 02 propertys taxes but after paying what I thought it to be off in 03 I didn't here from him but only once in July 04 when he had gotten a letter from the city because my grass was too tall. He left a note on my door with the monthly light bill that was still in his name and he brought by every month and left in the mail box or door. That being in his name also one of his "I have a buddy who can fix that problems" the meter is inside my house and the wiring is so bad it won't pass inspection. So he left the bill in his name because he thought and said that if he didn't they would probably make me rewire and move the meter outside. Which involves switching the power box to breakers from the box here now that has the entire house running on one fuse. One 30 amp fuse. That of course blows all the time. You should be starting getting a picture of why Im so ready to give the house back not to mention the sewer drain is busted underground some where they can't find it. The roof he said was just redone leaks water all over that room including the wall that that meter and fuse box are on. They tore the guttering off when they tried to fix the roof and instead of putting it back in his garage at his home like he had said he got rid of it so now the water damage is tremense. It has had termites at one time and the floors and bottom walls are rotten built the eaves so they catch the water and run it into the house. Any way there's more but my point is Ill be glad to give him this house. He can keep it. But him sewing me for 1 years back rent of 5000.00 when the house payment was only 250 per month and rent on a house I was lead to believe I owned. That's crap. Judge said I can appeal and in that deal with the issue of him turning off power over a week before he filed the unlawful detainer. And letting himself in twice that week without consent. That is what I want to know. It is illegal for him to turn of utilities as a means of evicting me like he did. Who do I call or what do I file to sue him right back for that, and can I get 5000 in a suit like that so I can walk away even and let God get even for his wrong doings?

ScottGem · Dec 28, 2006, 06:57 PM

Well I answered what I thought you should do in my last note.

But there is a maxim that no one can take advantage of us unless we let them. And from your story, you really let him. What documentation do you have that you were purchasing this house? Did you check to make sure the deed he gave you was registered? What he should have given you was a quit claim deed, not a warranty deed. You shouldn't have contacted him about the taxes, you should have contacted the town or county directly if you were the owner. You should have had an atty check all contracts and documents.

Its very hard to say whether you have a case against him or he has one against you since its just not clear what is documented and what isn't.

BUFFYANDGIRLS · Dec 28, 2006, 07:14 PM

Yes Im aware that I'm ignorance in this is what cost me the house. But again on the issue of the lights being turned off, can he do that? What Ive read on the net there are no excuses for that. Does it make a difference depending on who owned it? Is it legal at any point for him to do that as a means to evict me? And just for couriosity reasons any idea why he would allow me to stay here after he took back the deed in may 04 and filed it with the courts in march 05? I can't see why he didn't send me an unlawful detainer then. Is there a legal reason behind that?

Fr_Chuck · Dec 28, 2006, 07:21 PM

If he gave you a warranty deed and you filed it in court, he can not do what he did, and you can still take the house back,

If you did not ever sign anything back to him.

A warranty deed can not be over done by a deed of trust from the same person, a warranty deed is just that it gives you warranties, that he owns the property, and that he is selling it to you, It also says he will pay all your legal fees in defending this and he must provide you by law any documents needed to inforce your deed.

Is there some "relationship" husband and wife, that we are missing here ?

But it appears a lot of wrong things were done for several years now, and that you need an attorney badly to clear a lot of this up.

ScottGem · Dec 28, 2006, 07:47 PM

I can't say what he was thinking. This whole situation is very convoluted and you need a professional to unravel it.

LisaB4657 · Dec 28, 2006, 08:14 PM

Here is a very basic answer. If you are a tenant then it is illegal for the landlord to have the utilities turned off before the landlord has you legally evicted. If you are not a tenant then the utilities can be turned off at any time by the person whose name is on the bills.

Your situation is obviously not basic. From the information you have given us we cannot tell if you are the owner, a tenant or a guest. You absolutely must speak to an attorney about this. Many attorneys will give you a free consultation so you can at least find out where you stand legally. If it turns out that you still need legal representation (and it sounds like you really do need it) then you should try contacting Legal Aid in your area. They're in the phone book.

Good luck!