Here is our current situation.
Our family leased a home for 6 months with an option for doing a month to month after as needed. We just moved here from Kentucky due to a work relocation. The reason we rented was because we are having a home built and are waiting until construction is complete and we can move in. The lease ran from November to May of 09. A full month security deposit was paid, along with a $300 pet deposit and credit check.
The landlord we rented the house from lost the home to foreclosure at the beginning of February, unfortunately to a regional bank. The bank after we told them we have no interest to buy the house has treated us rather badly. They want us our asap. We could afford the house but we just don't like the house as this is why they treated us rather nice to begin with. They have sent us the usual nasty letters and we have responded and now are awaiting our date in Magistrate's court at this point. Our goal is to delay hopefully long enough until our home is complete and if it isn't then we will pack up what we don't already have in pods and move into a short stay hotel or corporate apartment. They are comparable to what I am paying in rent. But not moving is the point.
(First question) I have is how long can I drag this process out. I am willing to pay in order to do this as it is a better option than moving. Would I be better off spending several thousand on a lawyer and drawing this out or just represent myself and follow the free advice from several friends who are lawyers in a different state. My friends said they would do the documents in return for vacation rights and golf fees.
The next part is our former landlord. After talking to the banks attorneys and gathering documents he didn't make a payment for several months prior to us moving in. I have a letter stating he never forwarded our money on to the bank. Also after talking to the bank they had knowledge he had intended to file bankruptcy before we moved in. I have called him, sent him a normal demand letter for the payment of the security deposit, return of all application and pet fees, also I indicated he would be responsible for all fees related to the move and any other incidentals. He has never responded but we have received word from other parties, is he just planned to deposit the deposit and hide behind bankruptcy as a protection. I am convinced he has committed fraud in doing this and would first like to pursue a criminal case against him when I am moved into my new home. I am almost certain I will never see any of my money again unless he hits the lottery within his lifespan unless he is convicted criminally and is ordered to pay restitution instead of jail. At issue is the point here not the money. He knew he was in default at the time and shouldn't have been advertising the house for rent.
Thanks any help in this would be appreciated.
Our family leased a home for 6 months with an option for doing a month to month after as needed. We just moved here from Kentucky due to a work relocation. The reason we rented was because we are having a home built and are waiting until construction is complete and we can move in. The lease ran from November to May of 09. A full month security deposit was paid, along with a $300 pet deposit and credit check.
The landlord we rented the house from lost the home to foreclosure at the beginning of February, unfortunately to a regional bank. The bank after we told them we have no interest to buy the house has treated us rather badly. They want us our asap. We could afford the house but we just don't like the house as this is why they treated us rather nice to begin with. They have sent us the usual nasty letters and we have responded and now are awaiting our date in Magistrate's court at this point. Our goal is to delay hopefully long enough until our home is complete and if it isn't then we will pack up what we don't already have in pods and move into a short stay hotel or corporate apartment. They are comparable to what I am paying in rent. But not moving is the point.
(First question) I have is how long can I drag this process out. I am willing to pay in order to do this as it is a better option than moving. Would I be better off spending several thousand on a lawyer and drawing this out or just represent myself and follow the free advice from several friends who are lawyers in a different state. My friends said they would do the documents in return for vacation rights and golf fees.
The next part is our former landlord. After talking to the banks attorneys and gathering documents he didn't make a payment for several months prior to us moving in. I have a letter stating he never forwarded our money on to the bank. Also after talking to the bank they had knowledge he had intended to file bankruptcy before we moved in. I have called him, sent him a normal demand letter for the payment of the security deposit, return of all application and pet fees, also I indicated he would be responsible for all fees related to the move and any other incidentals. He has never responded but we have received word from other parties, is he just planned to deposit the deposit and hide behind bankruptcy as a protection. I am convinced he has committed fraud in doing this and would first like to pursue a criminal case against him when I am moved into my new home. I am almost certain I will never see any of my money again unless he hits the lottery within his lifespan unless he is convicted criminally and is ordered to pay restitution instead of jail. At issue is the point here not the money. He knew he was in default at the time and shouldn't have been advertising the house for rent.
Thanks any help in this would be appreciated.
