Need help ASAP

[Miknan]

Had a ch 7 with house forclosure (in Mich). Our house sold at Sherrif sale May 2012. We moved out the next month, June. We soon thereafter got a call from the realtor asking when we were going to leave. We told him we were already out. I don't have his name or number anymore.

Now TODAY, I get a letter in the mail summoning us to court to be evicted and the court date is tomorrow! It was sent the 10th and had to be forwarded to our new address which is why I just got this. It was filed by Trott and Trott representing WF. I called T&T and told them I had been out since June. They said it was because I had left some property in the house so now they have to evict me. They said I should fax them a letter stating I am out and surrender any property left there but it is too late to cancel the court date now.

What should/can I do? Does it matter if I go to the court summons? Will I have to pay any court costs? Will this be yet another blow to my credit? My wife and I both got letters. I have to work tomorrow and it will be nearly impossible to get it off now but we were thinking of having my wife at least go. Does it make a difference? Any advice is greatly appreciated. Thx.

[AngelinaCatHub]

You said you were out. Moot subject. You were not summoned by person I assume, so you have a valid reason if any at all questions asked. This is not a suit for money it is a suit to remove you from premisses. Moot. Don't worry and I'm sure that JB or Frogger can back me on this. They and several others are stickers for case law, etc. I've also been through the grist mill and they cannot sue you for things that no longer exist. 'Hub


EDIT; Your dates make no sense at all. Again, Moot. The residence is no longer in the Plaintiffs possession.

[Miknan]

Thanks for the reply. Not sure what dates don't make sense. I guess I'm not too worried about paying any money. Though since it went to court maybe I might have to pay court costs or something. I'm more worried about another hit on my credit report of some kind. There's another post on here where HMM and Floridagail tell another poster they don't want a foreclosure and eviction on their credit report. The summons came by mail not handed to me, but the court date is tomorrow at 10 am regardless. Should at least my wife go? I'm not calling in sick and losing a days work over this.

[justbroke]

Some lenders that have foreclosed upon a property have been very careful these days. They are doing everything by the book and being very careful about self-help eviction. So, they will file an eviction lawsuit if they see a single item in the home! The lawsuit may be in the name of the homeowner and/or "unknown tenant" just to cover the bases.

I'm one that will say to NEVER EVER get an eviction on your credit. It will make it pretty difficult to rent in the future (until it falls off). I don't know what to do in this particular case, but the plaintiff (lender) does want to cover themselves. The letter may be good if it was dated and signed before the eviction hearing and showing that the debtor (defendant) had indeed surrendered the property and QUIT/VACATED prior to the eviction. The key is to not get an eviction judgment on your credit. I have no answer how to prevent that.

[Miknan]

Well, my wife went to court and she signed a paper stating we give up possession and have 10 days to remove anything left in the house. They said by mich law that even if a box is left they have to file this eviction notice even though we told them we left and have been gone for 6 months. They even turned the utilities on after we left.

Since they gave us 10 days, my wife was curious to see the house and went over there. We left the keys on the counter but she tried the garage remote (kind attached outside the garage) and it opened the door and she went in. She said the house just reeked. She went in the basement and all the carpet was torn out and dehumidifiers were on. Either the sump pump failed at some point or something else very bad happened. There was a small leak in a wall in the furnace room but it never leaked that bad. I have no idea what happened but am I going to be sued for damages now? I am terrified. I thought this nightmare was over but it seems it never ends. I'm going to post thus part in a new thread.

[AngelinaCatHub]

Well, my wife went to court and she signed a paper stating we give up possession and have 10 days to remove anything left in the house. They said by mich law that even if a box is left they have to file this eviction notice even though we told them we left and have been gone for 6 months. They even turned the utilities on after we left.

Since they gave us 10 days, my wife was curious to see the house and went over there. We left the keys on the counter but she tried the garage remote (kind attached outside the garage) and it opened the door and she went in. She said the house just reeked. She went in the basement and all the carpet was torn out and dehumidifiers were on. Either the sump pump failed at some point or something else very bad happened. There was a small leak in a wall in the furnace room but it never leaked that bad. I have no idea what happened but am I going to be sued for damages now? I am terrified. I thought this nightmare was over but it seems it never ends. I'm going to post thus part in a new thread.

Back at you. Go back to this thread of yours and read slowly. http://www.bkforum.com/showthread.ph...d=1#post590122

Now get some rest and peace. 'Hub