Cost to fight eviction.

[adviceplease]

The courts, lawyers, and lender are giving me a run around about us being evicted after foreclosure. No one will return my call and the court won't answer my questions.

If I go to the hearing and fight the eviction since we moved out of the home on the day of redemption is there some type of court fee's I have to pay (MI)? This is really becoming frustrating, I wasn't even notified that they were going to evict they told us to be out and we were. Thanks!

[adviceplease]

Edit to add: their lawyer finally called me back. States the probably are evicting because of some furniture left. Claims he is going to talk to lender to see if we can sign a form stating we do not want the stuff instead of evicting.

If they decide to do the form is there anything I have to worry about in giving them my new address if they request it?

[frogger]

States the probably are evicting because of some furniture left.

By leaving your possessions in the property, you technically still have "possession". They are wise to do an eviction to legally regain possession of the property. If they have already started the process, it's doubtful that they will stop it.

When you left the property, you should have returned possession back to them, including the keys and notification that you had vacated.

If you go to court, you will most likely be defeated.

[adviceplease]

I was told that the lender would either offer cash for keys or go and change the locks. I also was told that anything left would be thrown away after the redemption date and because the home was included in Chap 7 they could not sue me for clean up (I did not leave much, couple pieces of furniture and some bags of garbage etc). The lender was told that I was having issues moving things out because of pregnancy complications and lack of help.

I am just trying to find out how all of this is going to affect me. I know it will go on some type of list that potential landlords can see that we were evicted but what about court fees and things?

Thanks for your reply!

[justbroke]

Yes, leaving furniture or the appearance of the place still being occupied, curtains, garbage cans, etc, could cause a reasonable person to believe you're still there. I agree that the lender was smart to start an eviction. You may need to move your items out.

Just a side note, I guess that in non-redemption states, the lenders just come in and have someone clean out the place if it looks like you're not there. Some lender representatives will use "seals" on the doors to see if anyone breaks them over a 7-14 day period. If it's more than 7-14 days -- depending on the area/laws/etc -- it could be assumed to be abandoned and the lender can take the steps to "preserve" the property under their preservation rights in the security instrument (mortgage / deed of trust).

Hopefully, your attorney can fix this. An eviction is not a good thing if it gets reported.