All of my belongings were thrown away

[Sammymitch]

Georgia...
We were renting the house I grew up in from my mother. She wasn't making payments which resulted in foreclosure then eviction.
I own the property that surrounds the house
The house only has .35 acres, literally enough property for a small front yard and space for the house to sit on. The septic tank is not even on the homes property.
The day of the sit out I was there the entire time helping remove my families things...our things were placed on my other property.
The next day the real estate lady overseeing the eviction came back with 4 very large dumpsters and removed all of our stuff from private property.
What can I do?

 

[Just Blue]

Georgia...
We were renting the house I grew up in from my mother. She wasn't making payments which resulted in foreclosure then eviction.
I own the property that surrounds the house
The house only has .35 acres, literally enough property for a small front yard and space for the house to sit on. The septic tank is not even on the homes property.
The day of the sit out I was there the entire time helping remove my families things...our things were placed on my other property.
The next day the real estate lady overseeing the eviction came back with 4 very large dumpsters and removed all of our stuff from private property.
What can I do?

Find out from the "real estate lady" where she took your property to.

 

[LdiJ]

Georgia...
We were renting the house I grew up in from my mother. She wasn't making payments which resulted in foreclosure then eviction.
I own the property that surrounds the house
The house only has .35 acres, literally enough property for a small front yard and space for the house to sit on. The septic tank is not even on the homes property.
The day of the sit out I was there the entire time helping remove my families things...our things were placed on my other property.
The next day the real estate lady overseeing the eviction came back with 4 very large dumpsters and removed all of our stuff from private property.
What can I do?

Sue her for trespassing on your land and destroying your personal property.

 

[Gail in Georgia]

So the other property was not part of the eviction process, correct? Typically in Georgia a dispossessory (our version of an eviction) is complete when the personal property touches the curb. Often it's a bit of a "free for all" in some neighborhoods after that. Sounds like in your case the family waited around until the actual day of the eviction and carried all the items over to your property.

Are you certain it was the real estate woman who removed this property? As I said, it's often a free for all in terms of property in some of these evictions. Why didn't family members stop her? Providing and filling four large dumpsters should have taken a bit of time.

Can you sue over these lost items? Yes. The court is likely to ask for detailed information on the worth of each item you claim. Do you have any pictures of any of this property to show a court?

Gail

 

[Sammymitch]

Find out from the "real estate lady" where she took your property to.

They were hauled off in the dumpsters to the landfill.

 

[FarmerJ]

File a police report for theft - trespass and name the realtor.

 

[Sammymitch]

So the other property was not part of the eviction process, correct? Typically in Georgia a dispossessory (our version of an eviction) is complete when the personal property touches the curb. Often it's a bit of a "free for all" in some neighborhoods after that. Sounds like in your case the family waited around until the actual day of the eviction and carried all the items over to your property.

Are you certain it was the real estate woman who removed this property? As I said, it's often a free for all in terms of property in some of these evictions. Why didn't family members stop her? Providing and filling four large dumpsters should have taken a bit of time.

Can you sue over these lost items? Yes. The court is likely to ask for detailed information on the worth of each item you claim. Do you have any pictures of any of this property to show a court?

Gail

We did stay and move our things to our other property. And yes...it took over 6 hours to sit out things out and the next day it took them aboit that long to place it in dumpsters. There was a police officer there (she called trying to have me removed for criminal trespassing) we were scrambling trying to get as much stuff as we could while they were throwing it away. At the time we didn't know what could or could not be done. Yes we have pictures...we have spoken to attorneys but the retainer fee is very high...and Georgia legal aid has no one that can handle it is what I was told. I am thinking of filing the law suit myself but don't know who to sue...the mortgage company, the eviction attorneys who hired her or just her.

 

[Sammymitch]

File a police report for theft - trespass and name the realtor.

I tried filing a police report, they said it was a civil thing since it was part of an eviction and I would have to go that route.

 

[Gail in Georgia]

It would appear that the confusion results from your family leaving the items on the property that "surrounds" the rental house the family was evicted from.

Go down to the Clerk of Court for your county and discuss the steps for filing a lawsuit (typically in Magistrates court). In the lawsuit you would not only need to prove the current worth of what was disposed of but also the property lines of what you actually own.

Not to throw water on all of this but this all could have been avoided if your family simply had not waited until the last minute to move these items out of the rental property. The steps toward eviction are a process and one that a tenant is well aware of and has a chance to dispute if appropriate.

Gail

 

[Sammymitch]

I am aware of that. I was the tenant and paid rent to my mother every month. I found out about the foreclosure, and eviction about 2 weeks prior to. I appealed and filed everything there was to file. It was all denied so by that point I was just over it
Literally, my last denial to stay the writ was denied at 8:47 a.m. they showed up at the house at 9:20 a.m. I stayed and busted my butt moving our things that day. But 35 years worth of stuff in a house is alot. I was not being rude or difficult...and never in a million years thought they would come back and toss EVERYTHING.
There is alot that could have been avoided in this situation. Not dealing with family in financial/real estate doings being the first thing I knew better than to do.
I am working on purchasing the house back from the bank. BUT, I feel like my belongings need to be replaced. I'm not trying to sue everyone for tons of money, I just want my things back or someone to replace them.
All of our sheets, beds, tvs, furniture, sentimental items of my grandfather and father (can't be replaced) silverware, plates, shoes, I mean everything. When I realized what they were there to do I made sure my kids belongings were the first things moved completely away from the house. During the time I was doing that everything else was thrown out. Well...except for the stuff they loaded in their personal vehicles and took with them. In my opinion that's theft. Removing someone's things from private property without permission.
I'm not saying the foreclosure or eviction was not warranted, I understand the reason for the eviction/foreclosure and all but the way this lady and her "crew" carried it out was just not necessary. We were moving our things further away from the house even though it was off of the foreclosed property...it was senseless and a waste of someone's time and money to go through the trouble they did.
There are 2 driveways to the house. One is on the private property the other an easement. I blocked the one that is on the private property with a construction barell. She has 2 times pulled up to the barell and thrown it in a ditch and drove on up. I've videoed it and called the police...and no one will do anything
I would hate to know how many other people she has done this too and it will just continue becauae no one will stop it. I'm trying to but run into a brick wall at every turn.
Thank you for your advise and opinion.

 

[FarmerJ]

When you go back to the police department to insist on filing a theft report you start out by telling the officer the items they took and threw away were removed from the home and placed on land that was not part of the foreclosure so when the things were removed with out my consent from land that was not part of the foreclosure then if it wasn't theft just what was it ???? and insist on a answer ( you may have to go to the city / county attorney and ask them to tell you how taking things from land that was not part of the foreclosure is not theft of some kind

 

[Gail in Georgia]

One question...in your first posting you mention renting the house but then go on to state "foreclosure" resulting in the eviction.

Was this a "rent to own" situation?

Are you certain you still own the property surrounding this house and that it was not part of the foreclosure? You are up to date on property taxes, correct?

Gail

 

[LdiJ]

One question...in your first posting you mention renting the house but then go on to state "foreclosure" resulting in the eviction.

Was this a "rent to own" situation?

Are you certain you still own the property surrounding this house and that it was not part of the foreclosure? You are up to date on property taxes, correct?

Gail

His mother owned the house. He was renting it from her. She didn't make the payment and got foreclosed upon. Then the bank filed to evict her tenant (the OP). The OP didn't know anything about it until the eviction was filed.