Being sued for unlawful detainer?

[walker740]

Hello! We just found out today we are being sued for "unlawful detainer". We filed for bankruptcy in January 2011. We gave up our house. We were discharged in April, 2011. Shortly thereafter we received notice our house would be sold on June 30th, so we quickly found a rental and moved out on June 25th. I checked courthouse records and the house was indeed sold back to the bank, and is now in there name. Fast forward to today...I get a notice in the mail from a local attorney wanting to represent us in our lawsuit, we are being sued by the bank. I quickly get on our local courthouse website and sure enough we are being sued for "unlawful detainer". Is this common practice after a foreclosure? We were out of the house before it even sold. If anyone has any advice I would greatly appreciate it! Thank you!!!

[justbroke]

It's sometimes automatic for the bank to start the "eviction" process after getting the home through a foreclosure action. Now, the $64,000 question is... why in the world do they think that you are still in the home?

[walker740]

That is a great question!!! I have NO clue! Anyway, I think I will call the lawyer for the bank today and let them know we haven't lived in the house in three months. Hopefully that will get the lawsuit dropped. Thanks for responding!

[AngelinaCatHub]

You might just drive by your ex house and find out if a squatter may be living in the house. Your first rent receipt will kill off a suit as you would not normally rent a house if your in a house. Piece of cake. 'Hub

[walker740]

Thanks Hub! I just got off the phone with the lawyers office. We are not being sued because we still live there. We are being sued because we left property in the home. We left our washer and dryer...don't need it here in our rental. She is going to put a call in to the bank to see if we can get into the house to get it out, and she mentioned sending us some paperwork to sign giving up our rights to anything in the house. I would rather do the latter. I had no idea they could sue you if you left property. My sister, who has recently went through a foreclosure also, left tons of plain junk in her house and didn't get sued. Ughhh...I just hope we can get this resolved because I don't really want an eviction on our record.
Thank you for responding!

[justbroke]

This is indeed very strange! Most banks, that get the title to the home via foreclosure, will send a clean-out crew to remove all contents. Being sued because there's a washer/dryer on the premises is absurd!

[keepsmiling]

Ha! I was thinking that was kinda whack, and the expert has now confirmed. $%^& banks!
Hope you can sell them and get a coupla bucks, or try Freecycle and someone will be happy to come grab them.