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Confusing

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Kgrant777

Junior Member
What is the name of your state (only U.S. law)? Georgia

Ok Let me make this the short version. I rented a property, on the day I was moving my belongings in and already surrendered my keys, a lady was in the house with the police being very nasty to me. Unfortunately I could not readily find the box that had my kease agreement so I called the landlord's agent to bring his copy. The lady was an agent of Caldwell indicating that she was representing BANK OF AMERICA in selling this bank owned property. :confused::confused: The officer looked at both our papers and (of Course) referred us to the courts "civil matter". Invariably 1.5 weeks later I received a summons posted by the marshall's office from the courts indicating that a disspossory warrant was filed by WAMU for a name other than mines to vacate the premises on the grounds of sufferance b/c she remained on the premises after forclosure....:confused:


In this time I began to do a title search and found out through different angles that after the owner (the name who they listed on the warrant and "all others") filed a lis pendens the day after the encounter. She filed against bank of america, wamu, a financial corp and a lending group.

I am not sure what I am in the midst of and I don't have the funds to relocate AGAIN!, right this second. I know I have to respond so the courts will know that I do not have a lease with WAMU. The lady alledging to represent Bk of amer, indicated that the property was bank owned since 04/2008. However as far as the records can see everyone is stating that the property was bought by the owner out of foreclosure since 07/2008 and it was sold to her by WAMU....now I am even more confused, but what baffles me even more is, is it legal, in any event, for them to file eviction when a lis pendens was filed and the court date has not even arrived yet much less the judge making a decision. PLease someone give me some direction as to how I can protect myself b/c I am suppose to be lease purchasing this house and closing in a year. Apparantly there is some title or land rights issue here.....PLEASE ADISE!
 
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Kgrant777

Junior Member
so if it was forclosed on then where is the record or proof of that? This woman just bought the house 2months ago OUT of foreclosure as I indicated earlier. So are you suggesting that she foreclosed on it in 1 month? I have never heard of a foreclosure in any state that quick. The bank indicated that they had the house in their possesion almost 6 months now and that info never made it to the title records but her purchase 2 months ago did. How can I tell who's right? Could their be some transaction that transpired under the table that no one, including the courts are aware of? If so what could it be? How can I find this info out.
 
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seniorjudge

Senior Member
I don't know how foreclosures are handled in your state.

But the general rule is that the debtor has to get notice.

Did that happen?
 

Kgrant777

Junior Member
I am not sure about that....Hence the lis pendens she filed, I am assuming. I feel the eviction notice is a retailation move because it was done a week after she filed her lis pendens. There is no record (to date) of her being in foreclosure, only that she purchased the property out of foreclosure two months ago. Is it possible there is some paperwork that has not reached the system as yet? who do I go to to find out where to get the answers? and if the rights are not defined how does that affect my lease agreement? and does the bank have the authority to file for disspossary at the onset of a lis pendens case?
 
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seniorjudge

Senior Member
Q: Is it possible their is some paperwork that has not reached the system as yet?

A: Not only possible, but likely.



Q: who do I go to to find out where to get the answers?

A: The debtor. Don't expect any help from the lender.
 

Kgrant777

Junior Member
The debtor was my first step, but they just gave me very general answers and told me not to worry. Most of this info I found by researching online and then asking them SPECIFIC question, but after they told me not to worry i received the Warrant yesterday morning. That's why i am tryint o figure out how do I respond. do I go to the court and submitt my lease and inform them that I am the person in the property and that there was alis pendens filed?

and if the rights are not defined how does that affect my lease agreement? and does the bank have the authority to file for disspossary at the onset of a lis pendens case?
 
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Kgrant777

Junior Member
That I found out this morning:eek:, but ONLY if there was a foreclosure right? If the sale was valid and they (the bank) no longer has claims to the property then the lease would remain in effect right? then that decision would depend solely on the results of the lis pendens case right?
 

seniorjudge

Senior Member
That I found out this morning:eek:, but ONLY if there was a foreclosure right? If they sale was valid and they no longer has claims to the property then the lease would remainin effect right? then that decision would depend solely on the results of the lis pendens case right?
I really cannot answer hypothetical questions.

I'd need more correct info.

If it were me, I'd move.
 

Kgrant777

Junior Member
THAT'S MY LEGAL RECOURSE...AFTER i HAVE INVESTED OVER $5K INTHE PROPERTY. The question I asked was very straight line. If that were the circumstances would that be the outcome? In any event I appreciate your efforts but I need a little more legal advise.

Thanks a bunch!
 

seniorjudge

Senior Member
THAT'S MY LEGAL RECOURSE...AFTER i HAVE INVESTED OVER $5K INTHE PROPERTY. The question I asked was very straight line. If that were the circumstances would that be the outcome? In any event I appreciate your efforts but I need a little more legal advise.

Thanks a bunch!
You need information.

Hire a title company to do research on the place to see who owns it.
 

Kgrant777

Junior Member
Now that's an awesome suggession!! That I will do! I was attempting to do that on my own and was not aware that i can hire someone to complete that task for me. they may even be more efficient. Unfortunately we had not reached that stage because the closing is anticipated to transpire within the next 12 months, but GREAT idea. The research I have done involved access to the title records and a little history on the mortgage, but I physically did not see the mortgage record so I don't know if the info was misconstrued. However in my county records the owner is the owner and NOT the bank. I am so annoyed and upset.
 

TIMMAAYY

Member
Did you check the online records or did you go to the county courthouse and look up the hardcopy ( with respect to who is listed as the owner ) ? The hardcopy is always updated before the online version and usually shortly after the transfer.
 

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