Received Unlawful Detainer Complaint plus Abandonment notice

[Doghouse]

BK already discharged on 08/09. House was included. Bank tried to auction house in late August but no takers so house is now foreclosed and bank owned. About 3 weeks ago received 3 day notice from real estate agent for bank. Spoke to agent. He said bank would offer $1,000 to move out in one week. I said not good enough. He said "looks like we'll be going to court".

A week ago I received a "notice of filing unlawful detainer complaint" from the court. Two days later a knock on my door. Peeked outside and saw what looks like a process server. Did not answer door. Avoided them so far all week. Learned if the served me a summon, I had 5 days to respond but if sent by mail I have 15 days. Have not received summons in mail yet but stuck to my door today was a "notice of belief of abandonment". I have 18 days to respond.

So, I do know I have to leave eventually but I want to milk it as long as I can WITHOUT eventually having an eviction on my record. I will wait till 3 days before due date to respond to abandonment or unlawful waiver summons, when served. And since someone is staying with me as a "tenant", they can additionally claim they were not notified and file a prejudgment claim of right to possession. This should delay another 60 to 90 days I hope.

Note, I have started checking out places to move and would move within 30 days with a decent cash for keys offer. But has anyone received an unlawful detainer complaint after their home was foreclosed? If so what did you do? Should I start settlement cash for keys talk with the agent again with the threat of a long drawn out eviction plus likelihood of leaving the house in an undesirable condition when I leave, if decent offer is not made?

[OhioFiler]

$1,000 seemed pretty reasonable to me. I doubt the bank will negotiate now.

[HHM]

If they already filed the unlawful detainer, then the eviction will be on your credit report. Nothing left to milk, it is too late. Just like in bankruptcy, it's the "filing" of the action that is recorded, not necessarily the outcome.

[Doghouse]

HHM, in California, it can only show up in court records 60 days after it is filed. If a settlement occurs and a motion to dismiss by the lender occurs, then it does not show up on your credit report. And if it is too late, then I will milk by continuous filings to delay that is available to tenants here in California.

Hohio, one week was just not enough time or money coming out of the nowhere. $3000 and 30 days would have been better.

[HHM]

I don't claim to be an expert in landlord tenant, and apparently you have done some research, all I can contribute is to help spot issues that you may want to explore more and perhaps put the issue in some perspective.

Landlord-tenant law and credit reporting issues are very different laws. You may want to research a little more about what actually shows up on a "credit report" The ability to delay an "actual" eviction does not effect how and what gets reported as a public record on your credit report. At the very least, you will want to explore this issue a little more. Unless the case is dismissed or sealed, the fact that an unlawful detainer was filed against you is now public record.

Big picture, it is not like you have a legitimate defense to the eviction. This isn't where the landlord failed to repair a health and safety issue, you withheld rent, and now the landlord is trying to evict. You are basically squatting in a house you no longer own. Short of a procedural deficiency in the realtor's eviction, there is no way for them to lose. I am all for exercising your rights. But at this point, there is no incentive for them not to see the eviction through, and they are certainly not going to give you money to move out at this point.

Here is the other problem, this action is a "post bankruptcy" proceeding. If the judge were to award any sort of damages or attorney's fees to the evicting Realtor, then you will be responsible for those debts.

[AngelinaCatHub]

Well it's your call, but the house does now belong to them. I think it was quite nice of them to offer you money to move out. About the server, it is against the law to purposely avoid a known summons. Now don't get me wrong, you don't have to help them serve you. They can go to your job and serve your boss or manager in lieu of you or any person you frequent at your house or workplace. By looking out the window, recognizing a process server technically you could get sanctioned. By not looking and not bothering to answer your door as you are too busy to do so, is not avoiding as you did not make a conscious effort to avoid what you knew was there.

As to the house, I would quit giving them a hard time as whenever it does go to Court, the Judge may not be too friendly about your actions. It is apparent that you are attempting to live far on a house you don't really own and are not paying for the privilege. This is tantamount to fraud. Not bk fraud, just fraud.

Only my opinion. 'Hub

[justbroke]

Sometimes, I just don't understand the cat and mouse games. Just like those dodging the repo-man, albeit this is a little different. Cash for Keys seems to work better when the lender does not have the upper hand. In this case, they surely do have the upper hand and are flexing their muscles (unlawful detainer).

Just when do you give up? I think the milk has run dry...

[frogger]

with the threat of a long drawn out eviction plus likelihood of leaving the house in an undesirable condition when I leave, if decent offer is not made?

Do what you will, but from a landlord point of view, if you made that threat to me, the bad days would start happening to you rather quickly. You're the one that is now squatting in a house that's not yours, and then the little threat about leaving it in an undesirable condition?

If you damaged my house, or purposely did things to make it undesirable, I can assure you that I would have you in jail on felony charges within a week.

Your situation and your state may be different.

Don't take what I said personal. Just be aware that there could be consequences to your actions that you haven't thought out yet.

[Doghouse]

About the server, it is against the law to purposely avoid a known summons.

Please, let's not get overly technical here. This forum is littered with folks that avoid the collection or repo man for credit cards they legally charged on, payday loans, autos etc. If I peek out the window and don't recognize who is out there then there is no law in the world that says I must open the door. That's the only time I saw someone outside. Avoided them all week meant other than that one time I have not encountered anyone else at my door from morning when I go to work at 8:30am till when I return at 6 pm. Me being glad to avoid the process servers simply means I have 15 days to respond rather than 5 days. Period. You can respond in one day or 15. Both are legal. Sorry but I'll take the longer time. Saves me a further 1/2 months rent.

Folks, lets not get carried away with this whole notion of my staying in the house longer or "milking" it. I AM looking to move out. I want to move on with my life too. Like many others, after bouts of unemployment I just moved into a new job last Sept and am trying to save money to move out. $1000 and one week is not enough time. Period. I'd rather stay here another 45 to 60 days and save money for the deposit, 1st month and moving exp than rush out to nowhere. And that is what I am doing ... legally. With paycheck received today plus paycheck at end of next month, I will have enough to move out by end of November.

California is a somewhat tenant friendly state in many ways. Responding and legal delays while looking for a place is nothing unusual. By the way, a landlord filing an unlawful detainer on a tenant does not become public record in California until after 60 days. This was done to prevent people that settled or are erroneously or vindictively served from being added to those vampire eviction lists. Landlords don't actually report evictions to credit agencies. Companies like First Advantage Saferent scour public records for unlawful detainer filings and sell access and info to landlords. I'll settle with lender before 60 days. I do have someone temporarily staying here that can also legally extend this out another 30 to 60 days but I don't plan on going that route but will suggest it to lender and see what they say.

Justbroke, no cat and mouse games. When you are down on your luck and trying to recover, you gotta do what you gotta do. Almost everyone on this forum did what they had to do. Isn't filing bk or foreclosure a legal way to avoid paying debts we actually incurred, regardless of current situation we are in?

And lastly Frogger, I do not actually plan on destroying the house. Never would. I would be doing nothing more than a BS bluff with the lender or their attorney to see whether they'll offer the cash for keys again, that's all. Besides, it's a bank that owns the place and not an individual so all that talk about putting me in jail and stuff is really mute

[justbroke]

This forum is littered with folks that avoid the collection or repo man for credit cards they legally charged on, payday loans, autos etc.

Agreed, littered, but not overrun.

Folks, lets not get carried away with this whole notion of my staying in the house longer or "milking" it.

Sorry it was your own words about the "milk"... I was just trying to have fun with the whole milk analogy. Besides, my real question, at the end was perhaps, anecdotal... "Just when do you give up?"...

So, I do know I have to leave eventually but I want to milk it as long as I can WITHOUT eventually having an eviction on my record.

Justbroke, no cat and mouse games. When you are down on your luck and trying to recover, you gotta do what you gotta do. Almost everyone on this forum did what they had to do. Isn't filing bk or foreclosure a legal way to avoid paying debts we actually incurred, regardless of current situation we are in?

I never avoided anyone. When the process server came to the door, I answered. When animal control came to the door yesterday, I answered it. When my lawn guy came to the door this morning (wanting a payment), I answered it. I'm about as down on my luck as any other person on this forum. I'm in a 5-year Chapter 13. I just had to shell out almost $1K to repair my sewer line because it got cracked from a car. That was on Tuesday.

I'm not trying to fight with you, but I take serious offense to the "you gotta do what you gotta do". I don't believe in that notion at all. If I'm hungry, I'm not going to rob the local 7-11 in order to eat. I just personally can't do that. However, you might see me eating out of a dumpster... but I won't sacrifice my morals over my life choices.

Also, please don't don't use Bankruptcy as an excuse for other things. Bankruptcy is a legal and respected method for either discharging your debts or filing a plan of reorganization. I'm in a Plan of Reorganization (Chapter 13). Going to the Court House and filing a petition, is different than avoiding the service of process.

Now, I did make fun of your situation, but I do understand people who need a few more days. However, your situation is vastly different than someone keeping a car from repossession (which is an entirely different process and is done ex-parte from the Court or any Court process).

I still don't like the cat-and-mouse with the repo-man, but as a former landlord, I seriously don't like cat-and-mouse when it comes to evictions. Please don't take my posting(s) to be some moral objection to what you feel you have to do. I know that people think differently and I only made the "milk" comment because you flaunted it.

[Doghouse]

I never avoided anyone.

Never ever avoided anyone??? LOL. Now you made me feel guilty for not opening the door to those kids for Halloween last year because I had no candy left to give out and didn't want to have to tell them. Just let 'em think no one's home.

But seriously, justbroke, I respect your opinion and have read your many responses and postings on this forum during my year long bankruptcy situation. However, sometimes people personalize opinions or look at things differently. Key in this situation for me is "legal". I would NEVER rob a bank when I am broke and hungry because it is an illegal act. You gotta do what you gotta do does not mean you gotta do something illegal or completely against your morals or beliefs. Maybe you gotta go to the soup kitchen for the first time or dumpster dive as you said or my personal favorite .. go to Costco for their free samples and make the rounds But, really, rather than become homeless, I would stay in a house as long as I legally can. Even if you don't own the house there are legal provisions and protections to mitigate your having to move out immediately. Some need that legal help. Some don't. For now, I do and I'll use it and honestly feel no guilt about it.

[justbroke]

Never ever avoided anyone???

Okay, there was this girl I didn't really like and she "loved" me, so I avoided her. I also avoid those girls selling those addictive cookies... they seem to only come around once a year though.

However, sometimes people personalize opinions or look at things differently. Key in this situation for me is "legal".

Absolutely true.

I would NEVER rob a bank when I am broke and hungry because it is an illegal act. You gotta do what you gotta do does not mean you gotta do something illegal or completely against your morals or beliefs.

I think you read what I wrote is just half serious and half having fun. To be here, in this Forum, as a debtor, was something I could never have dreamed of or even expected. I have learned alot from all the others who are here, have come before me, and I'm sure I'll learn more from those who come later.

I will be the first to say that I can't personalize all the problems that people face day to day. There are many situations that I've never been in, but I would hope that I can make it through without having to resort to... well... robbing the local 7-11.