3 day notice florida

[dingdong]

HI,
I don't know if this information will be helpful to you or not but I kind of went though the same thing.

Perhaps you can Demurr instead of answer?

I recently Rented a home, found out very early on that the home had a notice of default recorded before I even moved in!

Started getting foreclosure junk mail in my mail box, mostly post cards with "we can help save your house from foreclosure"

So, I asked my LL if there were any problems with the mortgage on multiple occasions.

Denied any probs every time.
Kept checking the recorder's website for filings.
Finally had a notice of Trustee Sale taped to my door.

CAlled the Foreclsure Processing service that handled his account, they informed me that he had filed BK.

Called him again, still denied everything.

Had been paying rent timely.

.
Called the "foreclosure processing servive" handling the account, they informed me he had filed BK.


The next month ( early in the month) after the TS notice, I sent him a letter with a copy of the notice saying can you please inform me what is going on, polite but to the point as I am single mom w/kids, and the rental market is very tight here, informed him to please be truthful as we would need notice to move and save for moving.

He told me he was working it out with the lender.

CAlled foreclosure r us place, they said nope, hasn't paid a thing or requested a loan mod. ( By the way, the jerk bought a new home a few months before I moved in and planned on the Buy and Bail scheme the whole time and was just trying to get a few bucks out of me for rent before the bank took the house)

Left him another letter telling him I was a bit nervous about my deposit since he was in BK and could we renegotiate the rental agreement to split rent into two payments (1st and 15th) that way if the bank filed a Motion for Relief ( which they did) and moved on the foreclosure, I would only be risking half my rent.

He retaliated by serving me with a 30 notice to vacate!

Not for non payment, just the most unintelligible , gramatically poor piece of ignorant verbage you have ever read ( the guy is an idiot)

He called the day my 30 day notice expired and asked when I would be out so that he could rent it to someone else again!!!

I of course did not move and he filed an unlawful detainer against me.

SO here is the beautiful part...

Instead of answering the complaint, I spent about a week researching the law, drafted a very complicated Demurrer and scheduled the hearing date a month away. ( you can schedule Demurrer hearings 35 calender days from the date of complaint) In my demurrer's statement of facts, I cited fraud and the fact that the home was in the foreclosure process when I moved in and the fact that he had purposefully committed mortgage fraud with the Buy and Bail scheme. ( more as a scare tactic for him, the fraud really had nothing to do with the points of the demurrer)

A good lawyer would have most likely shot it down or made a motion to have the hearing set for an earlier date, but he never used a lawyer!

When I went to the court house to file a notice of BK stay re the UD action, the clerk told me he had dismissed the case!!!

The house is still going to be foreclosed on soon, but I bought myself about 5 months and don't have to move during Xmas!

I witheld rent during the last two months while the UD action was in limbo and included my jerk LL in my BK!

I know it sounds a bit mean on my part, but he really was a scum and lied the whole time and if he would have just been honest..

Now one of his CC companies has filed an adversary hearing becasue he charged 10,000.00 0n his credit card within the 90 day period. ( I love PACER)

Karma comes back to bite him in the a$$ !!


Hope your situation gets better.

[cynbkrpt]

Dingdong, thanks for sharing your story. I totally agree with the being honest part. But I'm looking at it as he is going into "survival mode" and so am I. What is 100 percent right on both sides is not what's happening here..I am not paying the rent that was due last week. BUT he is in the wrong over and over again. The worst part was when he tried to claim that the bank would sell it to me for 20 cents on the dollar. Not only am I losing my home sometime in the near future, he's dragging me into his drama with the bank. I had never expressed an intention to buy. And it was BS anyway. He knew the bank wouldn't accept that paltry amount.

I'll keep you guys updated as the drama unfolds. Oh, and I also contacted my local news guy who deals with consumers getting shafted. Let's see what happens with that. Juicy story.

[dingdong]

Was your three day notice a notice to pay rent or quit?

If so, I am not certain on Florida law or how fast UD complaints move through the court, but here in CA, they have to first serve you, if they can find you, with a UD complaint, and then you either have 5 days to answer or Demurr to the complaint. Then the court sets a date for a hearing on the answer or other appropriate pleading. Then it can move to another court date depending on situation. It usually takes about 3 or so weeks for a judgement, then the Sheriff will come after 5 days.

Do you have a Trustee Sale date yet ( the date the house is auctioned or goes back to the bank?)

You said you have a new place Jan 3rd>

A UD complaint is a complaint for possession. IF possession is not an issue after Jan 3rd, the point of the case is moot. Though your LL could sue you in small claims court for back rent. You would probably have a good defense in small claims, since your LL breached your lease by losing the property. You may even be able to sue him for damages for moving costs/deposits and the value of the remaining part of the lease once the property is taken.

Most likely if you did have to go to court for a UD complaint, if you informed the court of the circumstances and had proof of another rental , the judge would likely dimiss in the interest of justice given that the rental would be taken by the bank and the lease voided by the foreclosure and possesion no longer an issue after Jan 3rd. I would talk to an attorney that handles landlord tenant disputes and see what he has to say.

If you don't really need to file BK and are only doing it to stop an eviction, you might save your self a lot of grief by spending a few bucks on a LL/Tenant attorney and not have a BK ding on your CR. Probably cost about the same as filing BK anyway with the filing fees, etc.

[cynbkrpt]

I wish it were only the rental issue. My ex and I separated a year and a half ago and I was a SAHM. He made a very nice income and took it with him. He let the house go into foreclosure and so on. I have about 24000 in debt so I do need to file. I was just waiting to deal with two other issues (divorce, fighting with son's school to test for learning disability) before taking on the bankruptcy. Oh, and I'm job hunting and trying to go back to school.

I think I have a bit on my plate. But in a few months I'll be through most of it and life will settle down. It always does.

[dingdong]

Check your county recorders office and see how far along in the foreclosure process the property is in.

You can usually find the Notice of Default and if there is a Notice of Trustee SAle recorded. Do some research on Google and check your Florida laws on civil procedure to find out the timeline for Foreclosure in Florida. There are many sites now with this info due to the current housing crisis.

Once you have this info, you can fairly accurately find out how long until the LL loses the property and make decisions from there.

If the rental is already scheduled for Trustee Sale, then you are probably fairly safe from the LL doing anything. It would cost him a fair amount to go forward with an eviction with an attorney. IF he is doing the eviction himself, he will have to pay filing fees.

I would really check the recorders office to see what you are dealing with.

Here in CA , the property has to be in default for 90 days before it can go to TS. The notice of TS has to give 21 days notice before the home can be sold at TS

If your rental has been in default for close to 90 days ( and again, I am not familiar with Florida civil procedure, but many states have similar timelines), the TS date is looming near and the LL will have no interest in the property once it is auctioned by the bank.

It would seem to me, and I am not attorney or in anyway a legal professional, that the closer to the TS date it gets, the less likely the LL will move forward on an eviction. But you never know... mine did, but he lost!

Sorry to hear about your troubles, hang in there, it will get better!

[cynbkrpt]

Wow! He just crossed the line! He called the police and told them I had abandoned the kids here and went out of state. OMG!

[cynbkrpt]

Oh, and he told the neighbor I had never paid my rent and I was living with a married man. What is he thinking?

[2Bshinyandnew]

If I understand correctly, NC is a "fault" divorce state. You can file for a "no fault" divorce after a 12 month separation, but regardless, each case must state grounds for divorce. It sounds to me like your ex may be trying to get the upper hand by making these accusations.

If you have been a resident of Florida for 6 months, you may want to check into filing in Florida. Florida is a true No Fault state, you only need to say the marriage is "broken". No legal separation requirements either. If you have no property to distribute, you may want to consider that (if you haven't already).

[cynbkrpt]

Oh, I'm sorry...it is my LANDLORD who made the accusations to coerce the rent from me. Sorry that it wasn't clear.

[2Bshinyandnew]

whew!

[2Bshinyandnew]

whew!

don't know why a landlord would make accusations like that!!!

[cynbkrpt]

I posted this info on a rental forum and I got the nastiest replies. I will call an attorney today and see what my rights are regarding being harrassed.

[jeb]

Hey, Ding - I love it when someone like him gets it broke off on them. - jb

[dingdong]

Thanks Jeb!

I was pretty happy with the results!

Knowledge IS power!

And in his case, ignorance was not bliss!

[dingdong]

Hey CYN,

Have you tried calling your local Housing Authority office to post a complaint?

Harassment is illegal. The only thing he can legally do is go through the proper civil methods to get you out. The three day notice is a start.

When my landlord started threatening me that he was going to bring the police over to force me out on the last day of his bogus 30 day notice and forcefully remove me, my chidren and my property, I left a note on the door saying " If you enter these premises without a court judgement for possession, I will use every legal means available to prosecute you for trespass, forceable entry and harassment" I cited the appropriate reference to civil procedure and left the house for a few hours.

The note was gone when I returned, so he had shown up.

I would seriously call an attorney or at least the local legal aid society and see what you can do. He can only legally remove you throught the courts, and that takes time. You have to avail yourself of some state specific knowledge pertaining to evictions an document everything. Keep a log of what he says and his specific harassing behavior.

D