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Forced Eviction and Loss of Property

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by AmyLeigh676, Aug 10, 2009.

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  1. AmyLeigh676

    AmyLeigh676 Law Topic Starter New Member

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    My jurisdiction is: Arkansas

    In July 2006, the bank foreclosed privately on my home/business after a failed Chapter 13 plan. We never received any foreclosure papers after the Chapter 13 was dismissed. I did before the plan but never after the plan. Me and my fiance were contacted by the bank about the foreclosure by telephone. The bank officer stated that he had sold the property and had a family ready to move in. He informed me that I had time to finish up the work I had in my shop and to finish moving out of the property. The new owners contacted us by telephone to ask us for access to the property for insurance purposes and to start working on the outside of the premises. Being good people, we granted them the access. At this point we still had many of our vehicles (since we are a used auto dealer) and customer vehicles on the property. As soon as the papers were signed at the bank by the new owners in August, they locked us out of the property and denied us our property. We contacted the bank to help us get to our cars and property off their land. We moved 6 cars, and I got injured. The bank appointed someone to remove the rest of the property since the officer at the bank was the one that made the agreement to let us have our stuff. The new owners locked that guy out too after 4 days of the 7 that we all agreed upon. We went to the public defender, and he sent a letter telling them that they may face criminal charges for withholding our property. They ignored it. We tried to do a writ of replevin, but they brought in a lawyer and tried suing for storage. We received a letter from the judge that reviewed the replevin case, and she appealed the bond of $5,000 because she thought she ruled wrongly in our case. We took the letter to the bank officer, and he said she did that because the new owners told him they would grant us access to our property. Twenty days passed, they scrapped out all of the cars and parts and tool left over for their own profit. We had neighbors stopping by asking us if it was ok to buy our cars from the new owners. We replied no...that we were still trying to get them back. No lawyers here will touch it because they all bank with the bank that did this to me. We had the case reviewed by legal aid, and they said we had an awesome case...however, they didn't work on fee-based cases. I lost over $50,000 worth of cars and tools. We have witnesses that can stand with us.

    What are my options? What do I do now before time runs out? Do I go after the owners or the bank because they were the ones that told the judge that they had arranged for my property to be moved? I was never legally evicted from the property. I let them on the property to get insurance quotes and got locked out.
     

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