Emergency Question

[philslyn]

Hi Guys, i have a question for you guys, Hopefully someone can enlightened me.
If you're house is foreclosed and you are order to leave, can a guy from the bank can just come in your house and be a terror in front of you wife, and kids telling you , u need to leave now, i want you out and pack your stuff, or i will call the law and take you all out and make u pay for ur stuff when its all put in the storage,
is this normal? guy claimed he sent notices for eviction but we never received it, but i came to find out they actually did, but the mail was sent to my ex spouse new house which i was never informed.

did this guy did a normal procedure? did he violate any law just curious
by the way, im not intending to get any money against the guy, just i didnt appreciate how he approached my wife and kids. telling them to leave... which my kids n wife cried panic and confused and scared.

they are all calm now and Ok, but i just didnt appreciate how he did them like that..

[AngelinaCat]

I don't know about the legality of what that person did, but if it had been me, I would have first called 911, told the operator to get an officer there STAT, and then pulled out my pistol and held the guy at gunpoint. If he didn't want to be held, I would have discharged it.

This is YOUR FAMILY, and their SAFETY we are talking about.

[MSbklawyer]

This is Cat, y'all. She says: Go ahead. Make her day.

[AngelinaCat]

Hi MSbklawyer!! LOL Thanks... I think.

I actually did foil an attempted car-jacking with a knife some years ago...

And there was the time when I knew that the front gate was locked, and here is this drunk guy pounding on my door at midnight...! At the end of an 800 ft. long driveway, in the woods, and 'Hub was out of town...

[GoingDown]

You're not alone in this...

PHOENIX (CBS5) -

It's a problem that's just now coming to light in the Valley's housing market.

Investors accused of intimidation, extortion and taking advantage of homeowners who don't know their rights.

Kim Garcia just sold her Phoenix home in a short sale, which can be pretty stressful, but Garcia said it was nothing compared to when the new owners showed up at her front door hours after closing escrow.

"They basically told us that we can lock your doors and keep all your stuff and you are now trespassing," Garcia said. "That's what they told us."

Garcia claims there was a prior arrangement to let her family stay in the home for a short time after the house sold, but that plan never materialized.

According to Garcia, the new owners camped out in her living room for three-and-a-half hours and wouldn't leave until the Garcias coughed up some cash, signed a short-term lease and turned over the title to their SUV as collateral.

"I felt like I didn't have any rights at all," Garcia said. "It was either we come up with something and give it to him and sign the responsibility, or they were going to close our doors and kick us out."

CBS-5 News has learned that Arizona law prohibits any new home owner from changing the locks on a house when someone is still living there.

The new owner must go through the proper court procedures first to start the eviction process.

CBS-5 confronted the new owner, Mufazzal Badani, when he came back to the house.

"Did you threaten to change the locks on the house?" CBS-5 asked. "Do you know that you are breaking the law by threatening to change the locks on this family?"

Badani did not answer the questions.

A short time later, the investor invited CBS-5 into the house, where he denied ever threatening the Garcias, or agreeing to let them stay in the home without a lease.

Badani then came outside with fellow investor Nancy Arbaugh and said the same thing.

"They feel like you tried to intimidate them. Is that accurate?" asked CBS-5.

"No. It's quite the opposite in fact," Badani said

"You didn't threaten to take their possessions?"

"Absolutely not," Badani said.

"You feel like you treated them fairly?" asked CBS-5.

"I feel like we did," said Arbaugh. "We really tried to work with them so they got what they needed."

Robert Nagle is a real estate attorney in Phoenix.

He said there are far too many homeowners being taken advantage of because they don't know what their rights are.

"There are so many different ways to have a civil conversation and reach an agreement that works for both sides rather than just steam roll over people and take advantage of their own ignorance," said Nagle.

Shortly after our CBS-5 crew arrived, the Garcias were given their SUV title back.

Garcia hopes their story sends a message to other investors to treat homeowners fairly.

"I just want make sure this doesn't happen to anyone else," Garcia said.

http://www.kpho.com/story/17201997/valley-investors-accused-of-extorting-homeowners

And yes, when something like this happens, please call the police. Dial 9-1-1, go inside, close the door and lock it, and don't open the door until the police arrive.

They have to go through formal eviction proceedings in court to kick you out, and that takes about a month, at least.

[AngelinaCatHub]

This man was lucky he was not shot. Your home is your castle until by legal authorities you are removed by a Sheriff. Your property would not be put into storage but onto the street curb. While you live in a dwelling it is your home and you are protected by those laws that MSBKlawyer could name, but they are your "castle" rights.

In FL if you were in fear of your life by his threats and once ordered to leave he does not, he can be shot.

This man actually committed assault upon your family. Your wife is in her right to have asked him to leave and say no more or she would press charges of trespass and assault. 'Hub

[DesdemonaB]

Hi Philslyn

I will leave the gun play to the licensed pros and while I don’t live in CA and don’t know their foreclosure laws I found the following:

If your home was sold: new owner must serve you with a 3-day written notice to quit – then must take you through the formal eviction process in order to get possession of the property. The eviction process can take between 30 to 45 days.

So it sounds as though he broke a process – not sure if it’s a law in CA that would be a question for a lawyer. But not knowing what was mailed to a different address (still can’t figure that one out) he might have followed the process you need to get your hands on what was mailed to that different address.

Next time he comes around demand proof of who he works for, and who owns the property on that particular day – tell them that you will not speak to them till you verify with the county recorder who holds ownership.

I know it’s hard be try to remain calm if he returns, have a phone in your hand and if you don’t like the way he is acting calming inform the you feel threaten and call 911 in front of them. Calmly ask them to leave the property and wait for the police in their car, remove your children from area and wait for the police.

Good luck

[GoingDown]

Another suggestion: I would tape record everything these people say. Get a tape recorder or some other recording device and turn it on if they ever come back and record everything. That way, when you call the police on them, you will have evidence to let the police listen to in case they later try to deny what they said.

And I would press charges against them. Tell the police that you want to press charges against them. And do what is necessary to file charges against them.

Also, ask the police about getting a restraining order against them, or an order of protection against them.

Turn the tables on them.

What they are doing is illegal and this needs to stop.

[philslyn]

Another suggestion: I would tape record everything these people say. Get a tape recorder or some other recording device and turn it on if they ever come back and record everything. That way, when you call the police on them, you will have evidence to let the police listen to in case they later try to deny what they said.

And I would press charges against them. Tell the police that you want to press charges against them. And do what is necessary to file charges against them.

Also, ask the police about getting a restraining order against them, or an order of protection against them.

Turn the tables on them.

What they are doing is illegal and this needs to stop.

Thank you for the input, i will surely do that, But i doubt that he would ever come back, perhaps he will send out another person since he claim to be the owner of real estate remax, just to add im in wv not ca anymore. im intending to file a complaint to the police. had to work yesterday didnt have time to do anything. thank you and to everyone who has paid attention to my post

[Pandora]

Hi MSbklawyer!! LOL Thanks... I think.

I actually did foil an attempted car-jacking with a knife some years ago...

And there was the time when I knew that the front gate was locked, and here is this drunk guy pounding on my door at midnight...! At the end of an 800 ft. long driveway, in the woods, and 'Hub was out of town...

oooh.. the 'Cats bad-ass... go 'Cat - go 'Cat - go go go 'Cat (ok..can I put my pom pom's down now?) LOL

Er uh... nice gun