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How to respond to Notice of Eviction

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    How to respond to Notice of Eviction

    I haven't heard from the lender since the end of our redemption. They called yesterday but I did not hear the phone, they did not leave a message. I decided to go by the old house and they had at some point taped a packet to my door with court papers stating they were taking us to court for eviction. We haven't lived in the home since March and have not set foot in it in several weeks (There is some old furniture that we had to leave, so maybe they looked in the windows and saw them). Do I just call the court or send a letter? I rather not go to the court date if I don't have to.

    Thanks in advance!

    #2
    You may want to call the lender. It may be that this is just the process in Michigan, so the eviction may just be standard upon expiration of the eviction. I would just try to make sure that I didn't end up with a judgment of eviction on my credit.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Thank you for the reply, I will call them in the morning. Should I send a letter to the court also stating that we have not been in the home?

      Also there is a box checked that says: "There is no other pending or resolved civil action arising out out of the same transaction or occurrence alleged in this complaint".

      What does this mean? That they are not planning on suing us for anything else?

      Thanks!!

      Comment


        #4
        I don't know what it means at all. I might be inclined to respond that the motion is "moot" as you had moved out months ago (or whenever you actually moved out). You may be right, that the presence of the furniture in the home is making the lender believe that you are still occupying the home.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          I called the court this morning and they said there was no way to stop it. When I asked if I had to appear they said it was up to me and if "I was out then I am out", whatever that means.

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            #6
            This same thing happened to me (I'm in CAlifornia). Once you are served with evicition papers, you must file a response to the eviction and/or go to court. My answer cost me $275 !!! Then I had to call the mortgage servicer and they ultimately filed papers to cancel the action. Until the cancellation is filed, you have an active eviction case against you. Here is California you have about 60 (might be 90) days for the eviction to "remain quiet". After that time period, it goes public and goes on your credit report and any eviction databases that some property management companies subscribe to. The mortgage servicer left me with only a couple of days left before they filed for cancellation and my quiet period was over.

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              #7
              I would call the lender, tell them you have been out of the house since March and they need to get the eviction case stopped ASAP.
              ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
              Not an attorney - just an opinionated woman.

              Comment


                #8
                I called the lenders lawyer and of course they have not bothered to call me back. I will try them again in the morning and then the lender. I thought that they had to contact me and give me 3 days to respond before taking me to court? Like I said they never called me after the redemption period, they had called me before to remind me of the date to get out but that was it. I have a court case scheduled for next week, I had no idea when they put the papers on the door because I have not bothered going there since it is not my house.

                Is this going to cost me money if it goes to court?

                Comment

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