Skip to comments.Housing Question
Posted on 06/18/2012 6:34:09 PM PDT by ducttape45
I need to get some advice on a housing issue and I hope there is a legal expect in FreeperLand that can help me.
You’re reminder that “the law does not apply itself” brought a lot of light to the discussion.
It got me to thinking of some other generalities, like “possession is 9/10’s of the law.” Since it’s the responsibility of the bank or whoever holds the deed to the property to act, and the costs of this are pretty high, it’s possible that the originator of this thread is in pretty fair shape. Add to this the tenant protection rules and government-funded agencies, the occupant has more advantages than he’s aware of. They don’t like courtrooms any more than we do.
Sometimes a little knowledge and resolve are enough to persuade the other party to negotiate more favorable terms. “Step on my head and I’ll bruise your heal,” is a very effective posture in something like this.
I’d suggest the poster do the homework and find an attorney willing to school them. I did that once and was charged $100 an hour. Two hours’ worth of tutelage, which I prepared myself for in advance, proved invaluable.
I’d also use everything and anything that might offer some advantage, especially government agencies. I’d oppose in principal any attempt by the government to say, plant apple trees in every backyard. But if the tree is planted, I’ll still eat those apples.
I plan on staying here as long as possible, but I also want to get some legal advice on what to do and what to expect.
This is a duplex unit, two houses joined in the middle (old Air Force housing). I thought it strange that each half would be mortgaged through different companies but I'm finding out that's not so strange after all.
I would love to be able to purchase my half if only I could get someone to talk to me. That's been the hard part.
If you are a real estate broker, can you personally recommend someone for me to talk to? A listing of attorneys perhaps?
I plan on staying here as long as possible, trust me. I’m kind of hoping I can land a good job somewhere else in the US and just use the saved money to move on!
I’ve actually been here almost 40 months! I just don’t think the bank has been getting their money for the past 18.
Okay, it's not a duplex any more than a row of ten rowhouses is a tenplex - - your house is a twin. (A "duplex" is a house - - single, twin, or row - - that has two units, usually a 1st floor unit and a 2nd floor unit.) It's (apparently) a coincidence that the owner of the other house (the twin house that's connected to yours) is also in foreclosure.
Anyway, I'm glad you got your deposit back. At least you're square in that way and you won't lose anything. The wheels of foreclosure can spin very slowly. If you remain in the house for "free" while you look for a new home you can actually come out ahead. I don't know if I'd waste any money on a lawyer, though, unless somebody is trying to screw you over.
Like I said in an earlier post, banks with properties on their hands will sometimes let tenants remain if they pay the utility bills and keep the house occupied. It can make it easier for them to market and sell, and help prevent vandalism and looting. I would run the idea past your realtor and maybe he/she can put you in touch with the appropriate person at the bank that is foreclosing. You may be able to come to an agreement. My daughter and her roommates got about 4 rent-free months in the house she was in as her landlord was being foreclosed on.
I wish the bank would talk to me so that I can find out if they would like for me to stay in it, but as mentioned before no one will talk to me. It's the silence that has me frustrated the most. I like communication, not stone cold silence. It makes me very nervous when the banks won't at least give me a heads up on what's coming my way.
I plan on staying in it as long as I possibly can, but if I am forced to move I've been given permission to take the electrical appliances with me, i.e. the stove, washer/dryer set, refrigerator, ceiling fan, etc. Like someone said in another post, the house will be gutted within a short amount of time if people find out it's empty.
Searching for ‘indiana “tenant’s rights” foreclosure’ gives lots of good links. There’s even a bloomington law school that has a program.
You’ve got the best advice you’re going to get here.
You apparently are a squatter in Indiana law without any rights, though the Federal law may make a difference.
I’d check into some of those links. You should be able to get a good understanding of what you should do.
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