danewheeler
New Member
Hello all,
Me and my fiancee were renting this house. The house got foreclosed upon at the beginning of last month. the mortgage company sold it to another buyer and sent foreclosure papers addressed to us as the residents. In this piece of mail we fell under section 02 or section 03 (I forget). Basically section 01 was saying that if we were the home owner then we had something like 3 days to vacate the premises. However, under the section we fell under if we were renting and our lease had expired but we had a clause to pay month by month then we had 90 days to vacate. We immediately sent a copy of the lease as well as bank statements showing our payments up to date. After this they never contacted us back until today. However, they might have sent mail under the name of the home owner (the lady on the mortgage). We keep her mail in a stack because we are not allowed to open it by Federal law. The home owner is now a junkie and she never comes around except about a month and a half ago after not seeing her for a year.
Today we get served papers to appear in court because we did not vacate after 3 days even though we provided all the evidence that we fell under the 90 day vacate section. It was delivered by a Constable so it is not some scare tactic. Basically the story I got so far is that the Mortgage Company sent the paperwork we submitted to them (containing our lease info as well as the payments of the rent) to the new owner (the guy who purchased it last month) of the house. Since the new owner never contacted them back giving his approval we were in violation of not vacating the premises. I don't know if it is correct but to me it should not matter if he agrees with the law it is still the law. I already contacted the Mortgage companies attorney and they are checking with the mortgage company to see what is going on. Their own attorney said we are right to live here and we didn't break the law.
What can I do about this, what are the laws, and what should I be cautious on.
Thank you for the help.
Me and my fiancee were renting this house. The house got foreclosed upon at the beginning of last month. the mortgage company sold it to another buyer and sent foreclosure papers addressed to us as the residents. In this piece of mail we fell under section 02 or section 03 (I forget). Basically section 01 was saying that if we were the home owner then we had something like 3 days to vacate the premises. However, under the section we fell under if we were renting and our lease had expired but we had a clause to pay month by month then we had 90 days to vacate. We immediately sent a copy of the lease as well as bank statements showing our payments up to date. After this they never contacted us back until today. However, they might have sent mail under the name of the home owner (the lady on the mortgage). We keep her mail in a stack because we are not allowed to open it by Federal law. The home owner is now a junkie and she never comes around except about a month and a half ago after not seeing her for a year.
Today we get served papers to appear in court because we did not vacate after 3 days even though we provided all the evidence that we fell under the 90 day vacate section. It was delivered by a Constable so it is not some scare tactic. Basically the story I got so far is that the Mortgage Company sent the paperwork we submitted to them (containing our lease info as well as the payments of the rent) to the new owner (the guy who purchased it last month) of the house. Since the new owner never contacted them back giving his approval we were in violation of not vacating the premises. I don't know if it is correct but to me it should not matter if he agrees with the law it is still the law. I already contacted the Mortgage companies attorney and they are checking with the mortgage company to see what is going on. Their own attorney said we are right to live here and we didn't break the law.
What can I do about this, what are the laws, and what should I be cautious on.
Thank you for the help.
