Notice To VACATE 2 Weeks - HELP!

[GettingBetter]

Hi, all. I'm new here. My house was sold at a public auction in October 05. Mortgage Company bought it. The previous owner tried to purchase it at auction and rent it back to me but she could not go as high as Mortgage Company was willing to go. She advised me that she'd buy it when it went up for sale from the mortgage company and allow me to rent from her. Of course, the sherriff put the first notice on my door yesterday giving me 2 weeks to vacate. The previous owner called the mortgage company and asked about purchasing it now and was told they prefer to vacate the property first and then advertise publicly for a couple of weeks and sell that way. I have less than two weeks now to find a new home. I have two young children. I'm a divorced mother who got stuck with paying a lot of bills my ex-husband was ordered to pay and refused and that's how I got behind in the first place. Now, I don't know if I can even find anyone willing to rent me a place because of the foreclosure on my credit. I was told not to file bankruptcy by some dumb friends of mine and now I find out Ohio has a deficiency judgement and I owe the mortgage company. Is it too late to file bankruptcy on the amount owed? Is it too late to try and file a Notice of Intent to Redeem property? I don't know what to do. I am panicked and very afraid. I do have a good, steady job. Federal government. No car note. Very few other bills. No credit card debt. ADVICE?

[Jman30]

What part of Ohio are you from? I am from the Cincinnati area and although I didn't go through exactly the same thing as you, I went through something similar.

It is not too late to file bankruptcy but it is probably too late to file a NIR since the mortgage company owns the loan.

[GettingBetter]

What part of Ohio are you from? I am from the Cincinnati area and although I didn't go through exactly the same thing as you, I went through something similar.

It is not too late to file bankruptcy but it is probably too late to file a NIR since the mortgage company owns the loan.

Thanks for answering Jman. I live in the city of Dayton. So, basically, there is nothing I can do to extend the 2 weeks notice to vacate by anymore? At least another couple of weeks? And, you say I can still file a bk on what I owe the mortg. co?

[Jman30]

Cool. I live just south of Dayton, right near Lebanon, OH. Do you know where that is?

There are a couple of issues here. One, I am not an expert on real estate and forclosure law. I think you may be in a position where you will need a lawyer anyway - I would call a Bankruptcy Lawyer immediately and see if they can get a relief or a stay. Maybe that can buy you some time.

As far as filing Bankruptcy, you can file that whenever. All debt can be included in a Bankruptcy filing.

Let me ask a question: From your original post, you didn't even own the house, you rented. How is it that you owe money on the mortgage?

[GettingBetter]

Cool. I live just south of Dayton, right near Lebanon, OH. Do you know where that is?

There are a couple of issues here. One, I am not an expert on real estate and forclosure law. I think you may be in a position where you will need a lawyer anyway - I would call a Bankruptcy Lawyer immediately and see if they can get a relief or a stay. Maybe that can buy you some time.

As far as filing Bankruptcy, you can file that whenever. All debt can be included in a Bankruptcy filing.

Let me ask a question: From your original post, you didn't even own the house, you rented. How is it that you owe money on the mortgage?

I did own the house. I first rented it and then I bought it from my landlady. I owned it and then got behind on the mortgage when I was garnished for a bill that my ex-husband was ordered to pay and refused to pay. My old landlady, the woman I purchased it from, was willing to buy it back either at auction or after the auction but they will not put it on the market until it is vacated. I wonder why it is that they refuse to let the ownership change hands with me in it when the buyer has agreed to allow me to rent it from her?

[Jman30]

I did own the house. I first rented it and then I bought it from my landlady. I owned it and then got behind on the mortgage when I was garnished for a bill that my ex-husband was ordered to pay and refused to pay. My old landlady, the woman I purchased it from, was willing to buy it back either at auction or after the auction but they will not put it on the market until it is vacated. I wonder why it is that they refuse to let the ownership change hands with me in it when the buyer has agreed to allow me to rent it from her?

Gotcha. I understand now completely.

I wish I was better versed on this subject. However, is my experience that the house does NOT need to be vacated before they can sell it. We had a family on our street that refused to vacate even after the house was forclosed on and sold at auction. The new owners had to call the Sherrif's and file in court to have them forcibly removed.

It would be just the internal policy at the mortgage company or they are just being jerks about the whole thing.

Was your husand paying those bills ordered as part of the divorce settlement?

[GettingBetter]

Gotcha. I understand now completely.

I wish I was better versed on this subject. However, is my experience that the house does NOT need to be vacated before they can sell it. We had a family on our street that refused to vacate even after the house was forclosed on and sold at auction. The new owners had to call the Sherrif's and file in court to have them forcibly removed.

It would be just the internal policy at the mortgage company or they are just being jerks about the whole thing.

Was your husand paying those bills ordered as part of the divorce settlement?

I suppose it's the internal policy. I wonder if there is anyway to get it waived. My husband was ordered to pay certain things. Paid none of them. One of the creditors came after me as my name was on the account even though the divorce decree clearly stated his responsibility to pay it. The judge told me to take him to small claims court and allowed the garnishment to go forward. I lost my job six months later, right after the garnishment was concluded and the debt paid off.

[SinkingFast]

Bad news is, New Law has no eviction protections.

You need to do a little research tho.

Just because you've been given 2 weeks to vacate doesn't mean they can actually get you out in 2 weeks.

In some states, when a Landlord gives 30 days notice to vacate, it takes 'em 6 months to get the tenants out.

So, check your laws. You may actually get the advantage of an additional 30-60 days, maybe more, beyond the end of the 2 week notification before they can come and toss your household goods out on the curb.

[Jman30]

I suppose it's the internal policy. I wonder if there is anyway to get it waived. My husband was ordered to pay certain things. Paid none of them. One of the creditors came after me as my name was on the account even though the divorce decree clearly stated his responsibility to pay it. The judge told me to take him to small claims court and allowed the garnishment to go forward. I lost my job six months later, right after the garnishment was concluded and the debt paid off.

Wow. I am really sorry to hear that. My wife and I divorced and this was why I had to file Chapter 13. I was left with the house in the divorce settlement and rather than lose the house when I started falling behind, I filed Chapter 13.

I would call the mortgage company and ask to speak to a supervisor and then his or her supervisor, etc etc

In the meantime, I would call a BK Lawyer. I filed with a lawyer in Lebanon, OH, really good guy. I can give you his info if you want.

[Jman30]

Bad news is, New Law has no eviction protections.

You need to do a little research tho.

Just because you've been given 2 weeks to vacate doesn't mean they can actually get you out in 2 weeks.

In some states, when a Landlord gives 30 days notice to vacate, it takes 'em 6 months to get the tenants out.

So, check your laws. You may actually get the advantage of an additional 30-60 days, maybe more, beyond the end of the 2 week notification before they can come and toss your household goods out on the curb.

Perfectly good point. Those people I was mentioning in an earlier post stayed for ONE YEAR after they were given a 30 day notice to evict. LOL

[GettingBetter]

Bad news is, New Law has no eviction protections.

You need to do a little research tho.

Just because you've been given 2 weeks to vacate doesn't mean they can actually get you out in 2 weeks.

In some states, when a Landlord gives 30 days notice to vacate, it takes 'em 6 months to get the tenants out.

So, check your laws. You may actually get the advantage of an additional 30-60 days, maybe more, beyond the end of the 2 week notification before they can come and toss your household goods out on the curb.

Thanks Sinking. I'll be online all night!

[GettingBetter]

Wow. I am really sorry to hear that. My wife and I divorced and this was why I had to file Chapter 13. I was left with the house in the divorce settlement and rather than lose the house when I started falling behind, I filed Chapter 13.

I would call the mortgage company and ask to speak to a supervisor and then his or her supervisor, etc etc

In the meantime, I would call a BK Lawyer. I filed with a lawyer in Lebanon, OH, really good guy. I can give you his info if you want.

I think that's a great idea Jman. I'm going to call the mortgage company. I've already called the firm representing them, and I got no cooperation. But, I haven't called the company directly.

Yes, I'd like that info of the atty in Lebanon. It's about 40 minutes from me, but I really need someone who comes recommended and I don't know anyone who has filed bk.

[Jman30]

I actually live in Lebanon, OH. This attorney came highly reccomended to me and so far, he has been great. I've seen ALOT of horror stories about attornies on my 6 months on this website and I am happy to say that mine has been great. He is a little cranky and is overworked, but he really fights for you.

It is Harold Jarnicki, his website is http://www.haroldjarnickiandassociates.com/door/

You can email me as well at [email protected] if you have any questions. I am just down the road!

[GettingBetter]

I actually live in Lebanon, OH. This attorney came highly reccomended to me and so far, he has been great. I've seen ALOT of horror stories about attornies on my 6 months on this website and I am happy to say that mine has been great. He is a little cranky and is overworked, but he really fights for you.

It is Harold Jarnicki, his website is http://www.haroldjarnickiandassociates.com/door/

You can email me as well at [email protected] if you have any questions. I am just down the road!

Thanks Jman. You have no idea. I really appreciate it. Going right to his site now.

[Jman30]

No worries! Us Southwest Ohio folks have to stick together!