Got a court summons for eviction today, on a house we gave up in bk ...

[brennan]

... and we haven't lived in for almost a year! We're obviously going to call the court and our atty in the morning, but anything legal throws me for a loop even now, a year after our bk was discharged, and I didn't expect to have to appear in court over this! They've already sold the house and changed the locks on it, and so we thought everything was settled. It says failure to appear may result in fines. Does anyone know if this is standard procedure, to have to go to court after releasing a home in chapter 7? Can we call and just tell them we're not fighting eviction on a house we no longer own and don't live in?

[justbroke]

Did you leave anything in the home? Furniture or any type? In some States, the presence of any personal belongings requires them to actually evict you. Please try to get the eviction dismissed and try to work it out. You do not want an eviction on your rental credit record.

In which State is this home?

[brennan]

We are in MI. There are some things in the garage, I think. I really hope that's not the cause of this issue. Ugh ...

[keepsmiling]

That is almost surely the reason.
Stupid ain't it? Try to get it worked out immediately. Send money or whatever you have to do to keep an eviction off your record.

[frogger]

We are in MI. There are some things in the garage, I think. I really hope that's not the cause of this issue. Ugh ...

But it probably is the cause. The landlord is covering their liability. You should be able to make arrangements with them to either have your stuff removed or get them appropriate documentation showing/stating that the house is no longer in your possession.

[tobee43]

it's happening all over the country now....i just posted a thread :

Special Report: The latest foreclosure horror: the zombie title:

http://www.bkforum.com/showthread.ph...e-zombie-title

now this is scary stuff.

[brennan]

I don't know what I'd do without you wise folks here! It was indeed because MI is a "personal property state", and they told us that if there was so much as a drinking glass left in the house, they had to do a Personal Property Eviction, which is what we were summoned to court for. We contacted the law firm handling the foreclosure and they had us bring them in a letter stating that we no longer wish to make any claim on any personal property at the residence and that we agreed to hold them harmless in the disposal of anything left. The law firm called Freddie Mac (they apparently took over the mortgage after our bk) and Freddie Mac said that satisfied the issue and that they'd have the case dismissed.

We did offer to go back into the house and remove whatever they wanted out, but that wasn't an option now that the house is sold and the period of redemption has passed. So we were very relieved that it was this simple to be done with it.

I don't think this is the same type of situation as a zombie title, in that we went through bankruptcy and moved out two months after the discharge. We notified the mortgage company and law firm and they went in and changed the locks and winterized the house (my dh stopped by periodically to check on things during the redemption period). We also received a 1099A this year proving that the house had been sold at Sheriff's Sale. So I'm confident we're safe on that front at least -- what a nightmare that would be to deal with!

[justbroke]

No, this is not a zombie title issue. It was purely a... you left something behind and now I have to evict you... situation. Congratulations on staying on top of this, getting it resolved, and for the speed at which you accomplished this! I am also very pleased to read that the attorney for the client and Fannie Mae were pleasant to deal with!

[brennan]

No, this is not a zombie title issue. It was purely a... you left something behind and now I have to evict you... situation. Congratulations on staying on top of this, getting it resolved, and for the speed at which you accomplished this! I am also very pleased to read that the attorney for the client and Fannie Mae were pleasant to deal with!

LOL -- nothing motivates like a court date!! Truly, after dealing with our bankruptcy in 2011 and seeing my mother through a devastating divorce during 2012 (and it was actually finalized today), I want nothing more to do with legal issues for the rest of my life!

I have to add that I was also relieved at how smooth everything went, but the law firm's office was a revelation! It's in a very nice, upscale area, but EVERYTHING is behind bullet-proof glass! The receptionist had a little slot for us to pass our papers through, and then when we said we wanted to speak with someone to ensure that things were being handled, they sent us down a hall and into a room that felt like a prison visitor's area ... small counter, two chairs, and more bullet-proof glass! Dh and I were both shocked at first, but when you think about it, this firm's entire business is based on taking people's homes, so I suppose it pays to be careful!

[justbroke]

I have never seen such an attorney's office. It must have been something to see!

[tobee43]

i'm so glad you found out MI is a personal property state!! right! no zombie title situation for you. i would consider the issuing of the 1099A clear enough.

[LadyInTheRed]

I have never seen such an attorney's office. It must have been something to see!

Maybe it was inspired by the 101 California St shooting in San Francisco http://en.wikipedia.org/wiki/101_Cal...treet_shooting