Eviction and Foreclosures

[jacksjean]

Just wanted to get input from those who lost their home to foreclosure and then faced an eviction process (whether the mortgager stayed in the home or not). Here's my timeline:

Filed BK7 12/2010
BK7 Discharged and Closed 4/2011
Vacated premises 4/9/2011
Home sold at trustee sale 10/2011
Received 3 Day Notice to Quit 10/27/11
Received Notice of Filing Unlawful Detainer Complaint 11/7/11
Per Clerk's Office US Bank's request for Posting Order to be Filed was Denied w/o hearing 11/18/11

Spoke with Human Rights/Fair Housing 11/22/11 - they said that banks are becoming very punitive now that the foreclosure scrutiny has lessened. Banks are purposefully filing eviction claims to further mar our credibility. Since I vacated the property on 4/9/11 and have proof that no one has lived at the address since, I will win my case in court. However, the Sheriff has been trying to locate me to serve me and cannot find me (funny - I get spam calls/mail addressed to me all the time....) I will need to file an answer to the Complaint ($225), appear in court and testify in front of a judge. I can request all my fees back. Oh but wait - - it is strongly suggested I get an attorney at a cost of $2000 (non refundable/winnable in court). Can't win for losing!

Long story short - has anyone been in my predicament and able to get out?

[jacksjean]

Just to give everyone an update -

The attorney for US Bank (who obtained the house from Western Progressive who obtain the issue from Ocwen) is persisting with their eviction efforts (although I haven't been in the home since April 2011). Another request for Posting Order was filed and approved on 11/28. Therefore, I've officially been served eviction papers. I went down to the courthouse yesterday and filed an answer. I submitted proof that I sent the keys to Ocwen on 4/23/11 (via Certified mail; very smart!). Filing fee is $225 but I asked the court to allow me to make payments (we'll see if that gets approved). Now I sit and wait for a court date. Unbelieveable!!!

To add insult to injury, I've received 3 calls from Altisource (the offloading arm of Ocwen) offering me CFKs to vacate the property. All reps are in India and very hard to understand. Anyway, long story short, I finally got in touch with someone in India yesterday. I informed them that the property was vacant. He said "that doesn't match our records". I said "I'm not surprised". He said "We don't offer CFK for vacant property". I said "I get that. Please update your records accordingly that the house is vacant" and he hung up. I just took a grand or two off the table to show additional proof that I don't live in the property.

No one at Les Zieve's office (attorney for US Bank), US Bank, Western Progressive, Ocwen or Altisource seem to know what they're doing other than everyone is heck bent on evicting a ghost. Geez!