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Now I'm confused if I should even file. Try to buy time instead ?

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    Now I'm confused if I should even file. Try to buy time instead ?

    I had two big reasons for filing.
    But one of those has apparently been resolved.
    Now my remaining reason for filing is to stop the threat of lawsuits and also non stop contacts from several people who all canceled their real estate contracts to move in my house when I alerted them I am selling is as soon as possible.
    I was laid off and a now ex boyfriend borrowed money and wont pay it back.
    So the deposits they made wont be available until I sell my house OR get new job.
    Since none of these people will leave me alone I feel like filing bankruptcy is the only thing to get them to leave me alone.
    I even hired a lawyer to tell them Im selling my house and then theyll get their refunds, but they still keep needling me.

    Should I just ignore them until my house sells ?
    .

    #2
    If I am understanding you, you took more than one deposit for rental of your house? And now, they don't want to rent? And you cannot refund several deposits? WEEEELLLLL, I think you need to work with those people as they could cause you some problems of fraud in your bk. Not knowing all your facts, you could sue your ex-boyfriend in small claims court, but you too can be sued by those who gave you a deposit for rental on your house. Please clarify this, and I sure hope I'm wrong. If not, you are wrong to take deposits above one. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Yea, and I'd agree that spending someone's deposit (or lending it to anyone else) is not too cool. I'm not perfect at all, and not trying to be judgmental, but I think you'll feel better about it in the long run if you treat them right - imagine if the situation were reversed. :-) I would imagine any one of them or all of them could place a lien on your house.

      Comment


        #4
        tenant laws are very friendly. You can't do this. You were probably supposed to NEVER touch security deposits, because its not your money.

        Anyway, your ex boyfriend is not their problem. You have to pay them back or if they take you to landlord tenant court you will get nailed.

        Yeah, definitely talk to the lawyer about this.

        Comment


          #5
          Originally posted by AngelinaCatHub View Post
          If I am understanding you, you took more than one deposit for rental of your house? And now, they don't want to rent? And you cannot refund several deposits? WEEEELLLLL, I think you need to work with those people as they could cause you some problems of fraud in your bk. Not knowing all your facts, you could sue your ex-boyfriend in small claims court, but you too can be sued by those who gave you a deposit for rental on your house. Please clarify this, and I sure hope I'm wrong. If not, you are wrong to take deposits above one. 'Hub

          no each one was for a 'bedroom' in my 6 bedroom house. Not multiples on same house. LOL room shares.
          Sorry if I didnt explain that.
          they all signed month to month contracts and nowhere do their leases state that I WONT be selling my house.

          theyre just all slightly disordered and/or selfish.
          (for example one of them is a substance abuse counselor who called me 10 times in one day. turns out he was on 'shrooms (mushrooms)
          crazy stuff. )
          im quite pleased with the replacement people, so its just as well.

          i just wish my lawyer was a bit more proactive.
          .

          Comment


            #6
            Originally posted by AngelinaCatHub View Post
            If I am understanding you, you took more than one deposit for rental of your house? And now, they don't want to rent? And you cannot refund several deposits? WEEEELLLLL, I think you need to work with those people as they could cause you some problems of fraud in your bk. Not knowing all your facts, you could sue your ex-boyfriend in small claims court, but you too can be sued by those who gave you a deposit for rental on your house. Please clarify this, and I sure hope I'm wrong. If not, you are wrong to take deposits above one. 'Hub
            I cant sue my exbf. I am literally petrified of him
            I may be getting an RO against him this week.
            .

            Comment


              #7
              How much ($$) are we talking about here?
              Filed Chapter 7 Pro-Se May 29, 2008
              341 July 1, 2008
              Discharged September 4, 2008
              Closed November 10, 2008 :-)

              Comment


                #8
                I'm confused. You took deposits from tenants to rent rooms in your house? Then you told them you are selling the house, so they want to move out? In reality the house is in FORECLOSURE?! So you took their rent and deposits, then they found out the house is in foreclosure and want a refund. But you don't have their security deposits to return to them? What state are you in? Because in most states there are very strict and specific laws about how landlords are required to handle tenant's security deposits. You can't just decide to keep the money, there are guidelines and procedures you have to follow. In most states, the law requires you to keep the deposits in separate escrow accounts, never to be co-mingled with other funds or accounts. You may want to consult an attorney and determine if you have broken the law.

                I'm editing this post because I just glanced at your previous posts and see that your house is indeed in foreclosure. Did you inform all those tenants of that fact before you took their money? I don't know, but from what I am putting together from your posts you basically stole the money and committed fraud. I don't think bankruptcy is going to help you out there.
                Last edited by hereforinfo; 09-06-2009, 06:57 PM.

                Comment


                  #9
                  Originally posted by bellee View Post
                  no each one was for a 'bedroom' in my 6 bedroom house. Not multiples on same house. LOL room shares.
                  Sorry if I didnt explain that.
                  they all signed month to month contracts and nowhere do their leases state that I WONT be selling my house.

                  theyre just all slightly disordered and/or selfish.
                  (for example one of them is a substance abuse counselor who called me 10 times in one day. turns out he was on 'shrooms (mushrooms)
                  crazy stuff. )
                  im quite pleased with the replacement people, so its just as well.

                  i just wish my lawyer was a bit more proactive.
                  I don't see anything to LOL about not would I say these folks are "disordered" or selfish.

                  You took deposits on a second set of tenants and you're quite pleased so it's just as well? You're either a troll or a heartless person.

                  What do you want your attorney to do for you? Threaten these people who are asking for their deposits to be returned?
                  Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                  Comment


                    #10
                    Wow. Stuff like this is the reasons that give all landlords a bad reputation. Security deposits are NOT YOUR MONEY!
                    All information contained in this post is for informational and amusement purposes only.
                    Bankruptcy is a process, not an event.......

                    Comment


                      #11
                      In this case, Bellee, I would recommend you start putting together the security deposits your tenants gave to you and return the deposits back to your tenants before even filing.
                      Chapter 13 filer since Feb. 2018 under a 60 months payment plan
                      Please think positive and do not give up!

                      Comment

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