Disabled parent went through forclosure, no ejectment filed yet, new deed holder is trying self help eviction and shut off utilities

[dyno89]

Mother is a 69 year old disabled senior. She has lived at the property for 42 years and due to her disability and financial situation in the past 5 years, ended up in forclosure. The property recently sold at sheriff sale. A out of town lawyer (best option and price at the time) was hired to handle the ejectment action defense so that my mother will have 6-8 months to finalize new housing options which have been difficult to find for her up to this point without long waiting lists for senior housing. The new deed holder has not yet filed for ejectment so this lawyer is waiting to file the response until that is done. He has advised that she is the legal resident still and to just wait for the ejectment at this point. The new deed holder has been advised of the situation but has refused to respond and instead has recently begun attempting a "self help" eviction instead of going through the courts. She has had some mail sent there, left notes on the doors and now recently has shut the utilities off to the residence. We managed to get the electric back on but the water company will not turn the water back on and said only the deed holder can do so. The out of town lawyer said this is highly illegal and a motion has to be filed to turn the water back on and since he is not local, recommended finding a local lawyer to do this. So far, after numerous emails and phone calls, no local lawyer has shown any interest in helping out with this matter. One even said to my mother "well if the new deed holder decided to shut off utilties then thats what she did". What are our options? Can one of us file this motion for her or does a lawyer have to do this?

 

[quincy]

What is the name of the state involved?

 

[Zigner]

It's likely time for your mother to find new housing. Perhaps you can take her in until she figures it out?

 

[dyno89]

Pennsylvania

 

[dyno89]

It's likely time for your mother to find new housing. Perhaps you can take her in until she figures it out?

We are in that process. For now she is a 100% legal resident at the property until after an ejectment action is completed in 6- 8 months time. I need advise that is related to the utilities being illegally shut off on her and what can be done about that specifically.

 

[Zigner]

On what grounds does your mother intend to fight the ejectment? Why do you feel that it's the owner's responsibility to maintain utilities?

EDIT: You know what? Don't bother answering - your mom will need a local attorney if she wishes to have any hope of staying beyond a month or two.

 

[dyno89]

She is not going to fight the ejectment. The lawyer is filing a response to negotiate a timeframe on her leaving the residence. Bottom line is until an ejectment is filed, the previous homeowner is still the legal resident and self help evictions and shutting off utilities is illegal. You CANT do this as a landlord or as a deed holder in this type of case. My mother was still paying the utilities so it was not a reason for them to be shut off. They are still currently paid up to date. The new deed holder has not yet filed an ejectment bc they are attempting to save themselves the costs involved in doing the legal process and instead attempting a self help eviction. If you are not familiar with this legal process then your responses are really of no further help.

 

[Zigner]

If you are not familiar with this legal process then your responses are really of no further help.

Great, as I don't believe that we have any PA attorneys or residents, I guess mom's gonna need to find her own local attorney. It's a shame that you are rude.

 

[dyno89]

On what grounds does your mother intend to fight the ejectment? Why do you feel that it's the owner's responsibility to maintain utilities?

EDIT: You know what? Don't bother answering - your mom will need a local attorney if she wishes to have any hope of staying beyond a month or two.

That's not accurate at all, the non local lawyer is already handling the ejectment and its a 6-8 month timeframe we have already been given. And thats once an ejectment is actually filed by the new deed holder which hasnt been done. He just doesnt want to charge us a thousand dollars to have to travel 3 hours to file a local motion. So he advised to find someone local. I am looking for someone that is familiar with this legal process to give some actual advice on handling this utility issue ourselves if thats possible, or what type of local lawyer is need since the ones contacted so far have not wanted to take it on.

 

[dyno89]

Great, as I don't believe that we have any PA attorneys or residents, I guess mom's gonna need to find her own local attorney. It's a shame that you are rude.

Was not trying to be rude, just looking to get legal info on the specific things I asked.

Sorry I just expected replies only from people that had some knowledge about this type of case

 

[Zigner]

That's not accurate at all, the non local lawyer is already handling the ejectment and its a 6-8 month timeframe we have already been given. And thats once an ejectment is actually filed by the new deed holder which hasnt been done. He just doesnt want to charge us a thousand dollars to have to travel 3 hours to file a local motion. So he advised to find someone local. I am looking for someone that is familiar with this legal process to give some actual advice on handling this utility issue ourselves if thats possible, or what type of local lawyer is need since the ones contacted so far have not wanted to take it on.

If she's not going to fight it, then it's not a 6-8 month process.
Perhaps your mom can offer to pay the owner of the house some rent?

 

[dyno89]

If she's not going to fight it, then it's not a 6-8 month process.
Perhaps your mom can offer to pay the owner of the house some rent?

Yes, it is a 6-8 month process at a minimum if you file a legal response in a certain way to the ejectment filing. This has already been verified by the lawyer handling that aspect. This is why I posted what I did above. Sorry, I am not trying to get into a lengthy discussion with someone not at all familiar with this legal process. The new deed holder is also not the legal

 

[dyno89]

Here is the legal information regarding this so you can see for yourself

"
In an Ejectment action, the new owner must first be assigned the Deed. The new owner must then file a Complaint in the Court of Common Pleas in the county where the house is located. Just like in the foreclosure action, the Complaint must be personally served on you by the Sheriff. If the Sheriff is unable to personally serve you, the new owner can Petition the Court to get a Court Order allowing them to serve you by mail or other means. After you have been served, you have 20 days to file a written response to the Complaint. The written response must conform to the Pennsylvania Rules of Civil Procedure. If you do not file a written response within the 20 day period, the new owner will send you a letter notifying you that you have 10 days to file a written response. Be careful, the 10 days runs from the date on the letter. Make sure you save the envelope to also show when the letter was sent. If the 10th day falls on a weekend or holiday, you get the day after that to file your written response.


If you do not file a written response to the Complaint, the new owner will file a Default Judgment with the Court and you will then receive notice from the Sheriff that you must leave the house by a certain date at which time the Sheriff will come to your house with a locksmith and moving truck. If you already left the house and took your belongings, the locks will be changed. If you left items in the house, the locks will be changed and any items which you may have left in the house will be placed in storage.


If you do file a written response to the Complaint, the new owner will now be forced to litigate the case with you. Depending upon what county you are in and which Judge has been assigned to your case, the entire litigation process could take between 6 to 9 months or longer. During this time, you can still live in the house."

So yes, 6-9 month on average process. Like I said, I am looking for answers from people that are familiar with these type of cases.

 

[quincy]

Yes, it is a 6-8 month process at a minimum if you file a legal response in a certain way to the ejectment filing. This has already been verified by the lawyer handling that aspect. This is why I posted what I did above. Sorry, I am not trying to get into a lengthy discussion with someone not at all familiar with this legal process. The new deed holder is also not the legal

If your mom has a lawyer, she should rely on his advice and direction. She can have her attorney contact the utility company if she has been unable to get the house's water restored on her own.

It will probably be easier for her to move now instead of waiting to be ejected.

 

[Just Blue]

Here is the legal information regarding this so you can see for yourself

"
In an Ejectment action, the new owner must first be assigned the Deed. The new owner must then file a Complaint in the Court of Common Pleas in the county where the house is located. Just like in the foreclosure action, the Complaint must be personally served on you by the Sheriff. If the Sheriff is unable to personally serve you, the new owner can Petition the Court to get a Court Order allowing them to serve you by mail or other means. After you have been served, you have 20 days to file a written response to the Complaint. The written response must conform to the Pennsylvania Rules of Civil Procedure. If you do not file a written response within the 20 day period, the new owner will send you a letter notifying you that you have 10 days to file a written response. Be careful, the 10 days runs from the date on the letter. Make sure you save the envelope to also show when the letter was sent. If the 10th day falls on a weekend or holiday, you get the day after that to file your written response.


If you do not file a written response to the Complaint, the new owner will file a Default Judgment with the Court and you will then receive notice from the Sheriff that you must leave the house by a certain date at which time the Sheriff will come to your house with a locksmith and moving truck. If you already left the house and took your belongings, the locks will be changed. If you left items in the house, the locks will be changed and any items which you may have left in the house will be placed in storage.


If you do file a written response to the Complaint, the new owner will now be forced to litigate the case with you. Depending upon what county you are in and which Judge has been assigned to your case, the entire litigation process could take between 6 to 9 months or longer. During this time, you can still live in the house."

So yes, 6-9 month on average process. Like I said, I am looking for answers from people that are familiar with these type of cases.

There isn't a PA. Attorney that volunteers here...and the chances of one of our members having this same experience is almost nil. You should spend the money and have a local attorney advise you.