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

    Sep 17, 2012, 02:06 PM
    My home was auctioned & now I have to go to court for damages on the home
    My home was auctioned last mth and I was served with a detainer to appear in court for damages to the property today. Can he do this? Nothing has been done to the property since it has been auctioned. And what was done was when I owned the home... I am still residing in the home I have not received any papers to vacate the premises. However I am moving in 2 weeks. How can the lender charge me with rent and damages on something I owned..
    Also if I am going to be charged with a forcloser on my credit I will eventually have to pay back. Wouldn't this be double jep. In the legal system once he hits me with the forcloser?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 17, 2012, 02:16 PM
    "
    Quote Originally Posted by dhoag View Post
    My home was auctioned last mth and I was served with a detainer to appear in court for damages to the property today. Can he do this? Nothing has been done to the property since it has been auctioned. And what was done was when I owned the home... I am still residing in the home I have not recieved any papers to vacate the premises. However I am moving in 2 weeks. How can the lender charge me with rent and damages on something I owned....?
    Also if I am going to be charged with a forcloser on my credit I will eventally have to pay back. Wouldnt this be double jep. in the legal system once he hits me with the forcloser?

    Can "he" do this? Who is "he"? Apparently he can do this because he has. Tax foreclosure or mortgage foreclosure?

    You may have been served in order to guarantee you are out and don't stay there beyond the deadline.

    Foreclosure?

    This doesn't make a lot of sense -
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Sep 17, 2012, 02:21 PM
    Quote Originally Posted by dhoag View Post
    ...How can the lender charge me with rent and damages on something I owned....? ...
    Because, evidently, he owns it now. If you don't own it, you can't expect to live in indefinitely free of charge.

    Quote Originally Posted by dhoag View Post
    ...Also if I am going to be charged with a forcloser on my credit I will eventally have to pay back. Wouldnt this be double jep. in the legal system once he hits me with the forcloser?
    No, your paying the deficiency is not a foregone conclusion. Getting a judgment and collecting it are definitely two different things.

    And no, it's not double jeopardy. That is a criminal law concept, and has no application to your situation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Sep 17, 2012, 02:57 PM
    If you damaged the property or looted it prior to the auction but once foreclosure proceedings started then yes the person who bought it at auction or the lender can sue for those damages.

    And as, noted, once the property was auctioned, if you continue to reside there, you can be charged rent.
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