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Landlord issue/ City's Public Notice
- Thread starter mikedd
- Start date
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A lawsuit against who? If you re-read the thread I wasl ooking for information regarding tax deeds and how they work. I was also asking where I may stand legally in the process. I stated several times I just want legal acsess such as a permit for a specified time to park and obtain personal effects that were important(inside the building). I also said I didn't care about the money part because there are things of sentimental value.
So why would you say I want a lawsuit?
.
If anyone knows how the purchase of tax deeds work in their area I would apreciate the information.That's what I should have just posted to begin with. Thanks
So why would you say I want a lawsuit?
.
If anyone knows how the purchase of tax deeds work in their area I would apreciate the information.That's what I should have just posted to begin with. Thanks
It serves you no purpose at all to do anything else but go see your city council person to see if you can have one last shot to get your things out if all depts involved are brought to the table, This atty you used has served you poorly , If it was Me I would have taken the reigns on this along time ago instead of allowing this to go so long, you had no right to expect them to just allow you to treat it as storage. At any time during these last few months someone could have broken in , stole your things or gone and lit it up just because they could get away with burning it. Get your focus set on getting city council person to try to assist you to get your stuff out, If you spend too much time on side issues what will happen is that a new owner may well buy it, board it , and treat any thing they find as abandoned including selling any thing of value IF they can go into it safely , if they cannot they might demolish it lock stock and barrel with all contents in place.
The reason it looks like I didn't do anything is because my attorney was trying to find the Landlord and sending notices to the lanlord's son. My attorney was trying to contact the landlord.
The attorney wanted to try differnt options before asking a judge for permission to obtain the things I own inside the building.
.
One thing I just noticed on the Public notice is that it says the building was SOLD on 07/16/2009 for municipality special assessment due to unpaid 2007 tax. It doesnt say who it was sold to. Maybe the city.
But there was a building department notice sent last year in May 2010 to my landlord at my address in the building.(which is a house with 2 apartments). So that is adding to the confusion because it says it was SOLD but there were never any Public notices before 10/29/2011.
I don't understand why I wasn't notified by the building dept while I was communicating with them after 07/16/2009 . Because I made some repairs for my landlord. Because the building dept sent a letter to my landlord in May 2010. It said the outside fence had to be repaired. Which I did for my landlord.....Thanks for reply
At this oint I'm just hoping to find out how
The attorney wanted to try differnt options before asking a judge for permission to obtain the things I own inside the building.
.
One thing I just noticed on the Public notice is that it says the building was SOLD on 07/16/2009 for municipality special assessment due to unpaid 2007 tax. It doesnt say who it was sold to. Maybe the city.
But there was a building department notice sent last year in May 2010 to my landlord at my address in the building.(which is a house with 2 apartments). So that is adding to the confusion because it says it was SOLD but there were never any Public notices before 10/29/2011.
I don't understand why I wasn't notified by the building dept while I was communicating with them after 07/16/2009 . Because I made some repairs for my landlord. Because the building dept sent a letter to my landlord in May 2010. It said the outside fence had to be repaired. Which I did for my landlord.....Thanks for reply
At this oint I'm just hoping to find out how
My attorney should make sure if someone ends up owning the building if I can just pay to remove my property there. Alot of it is not of use to people. Who would want someone elses pictures and home movies,etc.
I should have posted the original message asking how the sale of property
tax deeds work if a landlord doesnt pay the taxes. I should have also asked: What tenant rights do I have regarding personal items left in that situation due to the 72 hour evacuation.
I should have posted the original message asking how the sale of property
tax deeds work if a landlord doesnt pay the taxes. I should have also asked: What tenant rights do I have regarding personal items left in that situation due to the 72 hour evacuation.
Gail in Georgia
Senior Member
" I should have also asked: What tenant rights do I have regarding personal items left in that situation due to the 72 hour evacuation. "
You were given the "right" (i.e., the time) to remove your personal property (by your own posting, 4 hours a day for 30 days) and, it appears, didn't take advantage of this.
This forum has given you some suggestions on how to deal with this issue. Hopefully you will use them
Gail
You were given the "right" (i.e., the time) to remove your personal property (by your own posting, 4 hours a day for 30 days) and, it appears, didn't take advantage of this.
This forum has given you some suggestions on how to deal with this issue. Hopefully you will use them
Gail
Your atty has wasted a tremdous amount of your time , your atty has not served you well, your atty should have not even bothered with the LL the LL obviously didnt give a damn in the first place since the LL refused to comply with repair orders, soon as that happend your focus should have been on the city if you couldnt get 100% out in the time they gave you enough of that , I wouldnt bother any more with the atty like I already told you , focus on your city council person.
Ok,,
But one comment to Gail.....I wasn't given ample time. When people are given 30-60 days notice they are allowed 24 hour access. They are also allowed to park close to their residence.
I had to move EVERYTHING with a push cart(dolly). I had to go about half a block and then down about 30 cement stairs and then down another street. There was ice,snow,rain, and very cold weather. The back door was in the basement and I coud not use that exit to move because the neighbor's back yard is there with a fence.
The original arrangement was that I would be allowed to park a large moving truck or at least my pick-up truck directly in front of the building.
You would have to see the layout to understand.
There's a sidewalk in front of the building and next to that is the main street in the town. It is impossible to cross the street with a push cart because there is a large brick wall on the other side of the street directly across from the building.
At this point I'm receiving the advice to go to the city. I also received feedback regarding what I did or didn't do wrong. The only thing I need information about is the sale of tax deeds to the public or municpalities. I realize laws may be different in each state and county.
There's no more reason to reply whether who was right or wrong. If someone has some knowledge of this type of legal proceeding I woud appreciate it
Thanks to all the replies and advice and scolding and feedback. I appreciate all the replies because now I know how it may or may not look going forward.
At this point Im just seeking info about what the law may be. Such as: can I just pay with my own money and redeem the property for the Landlord so I can finish removing my personal effects?.... would that work?.... If so I will do that if it can gain me access for a few days to finsh moving.
Just basic info about how the law works with these type of issues regarding property tax redemption.
Thanks to everyone for taking the time with you're feedback. It's clear now that the focus is the law and the city officials. I realized that from the start though.
Thanks again.
But one comment to Gail.....I wasn't given ample time. When people are given 30-60 days notice they are allowed 24 hour access. They are also allowed to park close to their residence.
I had to move EVERYTHING with a push cart(dolly). I had to go about half a block and then down about 30 cement stairs and then down another street. There was ice,snow,rain, and very cold weather. The back door was in the basement and I coud not use that exit to move because the neighbor's back yard is there with a fence.
The original arrangement was that I would be allowed to park a large moving truck or at least my pick-up truck directly in front of the building.
You would have to see the layout to understand.
There's a sidewalk in front of the building and next to that is the main street in the town. It is impossible to cross the street with a push cart because there is a large brick wall on the other side of the street directly across from the building.
At this point I'm receiving the advice to go to the city. I also received feedback regarding what I did or didn't do wrong. The only thing I need information about is the sale of tax deeds to the public or municpalities. I realize laws may be different in each state and county.
There's no more reason to reply whether who was right or wrong. If someone has some knowledge of this type of legal proceeding I woud appreciate it
Thanks to all the replies and advice and scolding and feedback. I appreciate all the replies because now I know how it may or may not look going forward.
At this point Im just seeking info about what the law may be. Such as: can I just pay with my own money and redeem the property for the Landlord so I can finish removing my personal effects?.... would that work?.... If so I will do that if it can gain me access for a few days to finsh moving.
Just basic info about how the law works with these type of issues regarding property tax redemption.
Thanks to everyone for taking the time with you're feedback. It's clear now that the focus is the law and the city officials. I realized that from the start though.
Thanks again.
sandyclaus
Senior Member
Just a bit of posting history...
Allegedly this building may indeed belong to a family member who is, coincidentally, out of the country in Europe. And for whom OP is apparently the rental agent for the property.
So, basically, this guy sounds to me like was is trying to get around having to pay the outstanding taxes from 2007 (which, I believe he has finally paid according to additional posts).
Of course, he fails to disclose the fact that he MANAGES the building for the LL (his family member), and just claims to be another tenant. So, then, why on earth would just a tenant pay off the outstanding tax lien on a building just to claim a few personal belongings he is unable to access in his rental unit?
(Exactly, he WOULDN'T).
To OP: Stop changing the story. If you want valid advice, we need to have the straight story THE FIRST TIME. Don't keep changing it like you change your underwear. Stop wasting our time.
(See posting hx, folks...)
Allegedly this building may indeed belong to a family member who is, coincidentally, out of the country in Europe. And for whom OP is apparently the rental agent for the property.
So, basically, this guy sounds to me like was is trying to get around having to pay the outstanding taxes from 2007 (which, I believe he has finally paid according to additional posts).
Of course, he fails to disclose the fact that he MANAGES the building for the LL (his family member), and just claims to be another tenant. So, then, why on earth would just a tenant pay off the outstanding tax lien on a building just to claim a few personal belongings he is unable to access in his rental unit?
(Exactly, he WOULDN'T).
To OP: Stop changing the story. If you want valid advice, we need to have the straight story THE FIRST TIME. Don't keep changing it like you change your underwear. Stop wasting our time.
(See posting hx, folks...)
You didnt understand the questions. You are not understanding that there are several issues at 2 seperate locations. My family member does not own the building . I was a tenant. My landlord owes taxes. You are mis reading 2 seperate questions I asked. You are not offering any legal advice whatsoever!. This is a legal forum so why would I change a story when I was looking for legal advice?
Any person can pay the due taxes to redeem the property. I was considering that because then I can actually gain access to my personal property. I can also at that point place a lien on the property.
The question about my Uncle was regarding a totally different location but also a similar tax problem that he has.
There was an injury at this building which was not part of this tax question. There was a question on the personal injury forum also. You are mis-reading my questions. Bottom line is anyone can pay the taxes. If I did that I could put a lien on the building and assure that I get paid back. But also have access to my belongings which is alot more than the taxes probably are. You didn't read the original question either! I said there are antique musical instruments there worth 40,000+. If Im forced to file a personal property insurance claim due to the evacuation (which i am covered for by Allstate). I will have the problem of much higher premiums in the future. If you read the original question I also said I was injured at the location and it was work related. I also said I don't want money in place of the property.
Bottom line is the LL abandoned the building due to taxes and city code issues and building repairs. The city or someone will end up with the property very cheap. The city probably did the tax sale. They will file for the deed. They will be approved for the deed at the "prove-up" court hearing. Then they will own it and knock it down after the deed is approved and issued. They will knock it down with all my personal belongs in it. I also said there were things of sentimental value. Probably something you don't understand untill it happens to you! I will have to get a court order to have access to the building, My case might be that I didnt receive any building dept. notice when I was evacuated. I think I shoud have received at least a "forcible entry and detainer" notice. Which gives about 30 days. 24 hours per day! There is also the Obama Protection to foreclosed tenants Act of May 20,2009 which is designed TO GIVE people NOTICE and TIME to relocate and not face serious loss and expenses. But I highly doubt I will be eligible for that. It may have to come to a personal tangible property issue in court. In any event, people can't play games and wait on REAL BUSY lawyers when it involves the government or County or State!!!
What is strange is I didint get any legal answers on this forum. I had to find out about the whole process by my own research on google......Amazing!
Any person can pay the due taxes to redeem the property. I was considering that because then I can actually gain access to my personal property. I can also at that point place a lien on the property.
The question about my Uncle was regarding a totally different location but also a similar tax problem that he has.
There was an injury at this building which was not part of this tax question. There was a question on the personal injury forum also. You are mis-reading my questions. Bottom line is anyone can pay the taxes. If I did that I could put a lien on the building and assure that I get paid back. But also have access to my belongings which is alot more than the taxes probably are. You didn't read the original question either! I said there are antique musical instruments there worth 40,000+. If Im forced to file a personal property insurance claim due to the evacuation (which i am covered for by Allstate). I will have the problem of much higher premiums in the future. If you read the original question I also said I was injured at the location and it was work related. I also said I don't want money in place of the property.
Bottom line is the LL abandoned the building due to taxes and city code issues and building repairs. The city or someone will end up with the property very cheap. The city probably did the tax sale. They will file for the deed. They will be approved for the deed at the "prove-up" court hearing. Then they will own it and knock it down after the deed is approved and issued. They will knock it down with all my personal belongs in it. I also said there were things of sentimental value. Probably something you don't understand untill it happens to you! I will have to get a court order to have access to the building, My case might be that I didnt receive any building dept. notice when I was evacuated. I think I shoud have received at least a "forcible entry and detainer" notice. Which gives about 30 days. 24 hours per day! There is also the Obama Protection to foreclosed tenants Act of May 20,2009 which is designed TO GIVE people NOTICE and TIME to relocate and not face serious loss and expenses. But I highly doubt I will be eligible for that. It may have to come to a personal tangible property issue in court. In any event, people can't play games and wait on REAL BUSY lawyers when it involves the government or County or State!!!
What is strange is I didint get any legal answers on this forum. I had to find out about the whole process by my own research on google......Amazing!
I think I kmow what happened, I recieved help at Avco.com: My lawyer STARTED SOME LEGAL PROCEEDINGS in 2009 WITH A PRIVATE INVESTIGATOR. due to my injury from a water heater explosion in 2009
AT THIS BUILDING. So HERE IS WHAT probably HAPPENED: The LL KNEW HE WAS 2 YEARS ALREADY BEHIND IN TAXES. HE NEVER MADE REPAIRS AFTER SEVERAL COMPLAINTS BY ME AND THE BUILDING DEPT! The tenants on the 2nd ffoor had to move out due to the 3 roof leaks that began. The LL lost that income!! The LL realized that I was injured in the 2009 explosion also then. He didn't have or ended his insurance because the building was paid for and not required by a bank. Also the leaking started but didn't want to replace it There is no bank listed on the Public notice. So without imsurance he KNEW he was in big trouble because of the injury and uninsured building damage. He knew the building dept was or would become more involved and he already missed some inspections. After he found out about the inury he realized there was no recourse because he did not have insurance. There would be a personal injury matter. The city was after him for code violations. He was already 2-3 years behind in taxes. WHICH WOULD ALL make him look even worse in the personal injury case reagrding negligence!!
So he decided to abandon the building. Knowing there would be a redemption period. He basically just walked away. He realized there would be fines, intrest, the personal injury case without insurance, repairs, taxes and less income with no property insurance to help. The building was in horrible condition. The roof was leaking in 2007 and I made the repairs through a consrtuction friend. Thats when he didnt pay the taxes and stopped RENTING the 2nd floor apt. It was a 2 flat house. But....He realized everything had escalated in 2009 after the injury.
So he realized that if he came back from Europe he would have to pay ALL the expenses I listed . But then probably lose it all due to the personal injury case he was possibly facing.(although no case was filed yet at that time) As stated the LL found out from my attorney about the injury due to the requesting of insurance information!
SO he realized that it was a zero-sum game after adding ALL these expenses and then facing a lawsuit. There were severe physical injuries.(not to mention distress and wage loss).
The BD was unable to contact him. Also, he ignored all the requests to conduct inspections. So he realized he would literally have to renovate the whole building to regain his rental income. BUT... if he did that he would just LOSE the building because he did not have insurance to pay for the repairs and the personal injury case that was starting or likely.
So now I found out about the redemption expiration. Correct me if Im wrong: but he figured there would be a "default judgement" regarding the injury case. Then my lawyer would have to seek a "judgement domestication" case to CZ in Europe. The LL PROBABLY has insurance in the CZ which had a blanket coverage or just plain personal liablity insurance. He knew he would end up having to go to court in the CZ after the "domestication process". At that time he would finally present his insurance to avoid a default there too. Also to avoid loss and seizure of property, wages, vehicles, and rental property he has in the CZ Repuplic in Europe too!! That's why he probably had some type of blanket insurance or at least liability insurance. If not I don't care. He has rental property in CZ and plenty of money and I won't care about his losses. Nobody ever cared about my losses.
So basicaly it had to be pieced together to understand what happened and why. In the meantime the building dept just lost patience with the LL.They knew I was moving but decided not to wait for me to move. So they conducted the 72 hour evacuation "like Lightning in a clear blue sky"!!
But....The problem still remains that my unreplacable sentimental property is still in the building, I don't care about the replacable stuff. I had renter's insurance and it covers the evacuation because I was evacuated due to the fuse box burning/burnout and water heater blast. The city will finally take ownership of a building they wanted to take over a long time ago and knock it down because they are renovating the town.
Now I have to go to court and ask for some type of permission or injunction or "specific performnce" to allow me to retrieve my belongings. Which they may allow me to do right before they destroy the building. I'm hoping that the city is thinking: that will be a type of deadline placed because they DON'T want anyone in the building anymore. It's as simple as that. The BD probably dont want to deal with the liablity or TIME of anyone in the building and may wait until the end or a point where there is some type of supervision. Also there is a parking problem so they don't know HOW LONG it will take me and dont want the hassle of easemnet legal complaint issues. The BD has more impotant things to worry about!!.... Maybe my attorney can get court permission to allow me to get my property??
But there were a few different issues which had to be pieced together. Im sorry I wasn't more precise with the info from the beginning. I know it is hard to give solid legal advice without knowing ALL the issues. I ALSO will say that the LL was a mayor of a nearby town and he was a lawyer also! So he was well aware of what was going on legally and made a final legal decision to handle the situation by walking away from all the hassles and problems and especially the BD and USA taxes and finacial issues. Also he didn't like travelling overseas from Europe. Another issue may have been the USA finacial crisis that stopped him from repairing the 2007 roof leak and paying taxes and insurance plus the loss of the income from the 2nd floor due to the roof.
Now I know how some people get real estate real cheap like in those commercials on TV. The owners racked up fines and other legal problems. But those commercials ONLY SHOW the property AFTER they are repaired which is misleading. But some people probably do get decent deals and repair property as a business such as home building contractors.
AT THIS BUILDING. So HERE IS WHAT probably HAPPENED: The LL KNEW HE WAS 2 YEARS ALREADY BEHIND IN TAXES. HE NEVER MADE REPAIRS AFTER SEVERAL COMPLAINTS BY ME AND THE BUILDING DEPT! The tenants on the 2nd ffoor had to move out due to the 3 roof leaks that began. The LL lost that income!! The LL realized that I was injured in the 2009 explosion also then. He didn't have or ended his insurance because the building was paid for and not required by a bank. Also the leaking started but didn't want to replace it There is no bank listed on the Public notice. So without imsurance he KNEW he was in big trouble because of the injury and uninsured building damage. He knew the building dept was or would become more involved and he already missed some inspections. After he found out about the inury he realized there was no recourse because he did not have insurance. There would be a personal injury matter. The city was after him for code violations. He was already 2-3 years behind in taxes. WHICH WOULD ALL make him look even worse in the personal injury case reagrding negligence!!
So he decided to abandon the building. Knowing there would be a redemption period. He basically just walked away. He realized there would be fines, intrest, the personal injury case without insurance, repairs, taxes and less income with no property insurance to help. The building was in horrible condition. The roof was leaking in 2007 and I made the repairs through a consrtuction friend. Thats when he didnt pay the taxes and stopped RENTING the 2nd floor apt. It was a 2 flat house. But....He realized everything had escalated in 2009 after the injury.
So he realized that if he came back from Europe he would have to pay ALL the expenses I listed . But then probably lose it all due to the personal injury case he was possibly facing.(although no case was filed yet at that time) As stated the LL found out from my attorney about the injury due to the requesting of insurance information!
SO he realized that it was a zero-sum game after adding ALL these expenses and then facing a lawsuit. There were severe physical injuries.(not to mention distress and wage loss).
The BD was unable to contact him. Also, he ignored all the requests to conduct inspections. So he realized he would literally have to renovate the whole building to regain his rental income. BUT... if he did that he would just LOSE the building because he did not have insurance to pay for the repairs and the personal injury case that was starting or likely.
So now I found out about the redemption expiration. Correct me if Im wrong: but he figured there would be a "default judgement" regarding the injury case. Then my lawyer would have to seek a "judgement domestication" case to CZ in Europe. The LL PROBABLY has insurance in the CZ which had a blanket coverage or just plain personal liablity insurance. He knew he would end up having to go to court in the CZ after the "domestication process". At that time he would finally present his insurance to avoid a default there too. Also to avoid loss and seizure of property, wages, vehicles, and rental property he has in the CZ Repuplic in Europe too!! That's why he probably had some type of blanket insurance or at least liability insurance. If not I don't care. He has rental property in CZ and plenty of money and I won't care about his losses. Nobody ever cared about my losses.
So basicaly it had to be pieced together to understand what happened and why. In the meantime the building dept just lost patience with the LL.They knew I was moving but decided not to wait for me to move. So they conducted the 72 hour evacuation "like Lightning in a clear blue sky"!!
But....The problem still remains that my unreplacable sentimental property is still in the building, I don't care about the replacable stuff. I had renter's insurance and it covers the evacuation because I was evacuated due to the fuse box burning/burnout and water heater blast. The city will finally take ownership of a building they wanted to take over a long time ago and knock it down because they are renovating the town.
Now I have to go to court and ask for some type of permission or injunction or "specific performnce" to allow me to retrieve my belongings. Which they may allow me to do right before they destroy the building. I'm hoping that the city is thinking: that will be a type of deadline placed because they DON'T want anyone in the building anymore. It's as simple as that. The BD probably dont want to deal with the liablity or TIME of anyone in the building and may wait until the end or a point where there is some type of supervision. Also there is a parking problem so they don't know HOW LONG it will take me and dont want the hassle of easemnet legal complaint issues. The BD has more impotant things to worry about!!.... Maybe my attorney can get court permission to allow me to get my property??
But there were a few different issues which had to be pieced together. Im sorry I wasn't more precise with the info from the beginning. I know it is hard to give solid legal advice without knowing ALL the issues. I ALSO will say that the LL was a mayor of a nearby town and he was a lawyer also! So he was well aware of what was going on legally and made a final legal decision to handle the situation by walking away from all the hassles and problems and especially the BD and USA taxes and finacial issues. Also he didn't like travelling overseas from Europe. Another issue may have been the USA finacial crisis that stopped him from repairing the 2007 roof leak and paying taxes and insurance plus the loss of the income from the 2nd floor due to the roof.
Now I know how some people get real estate real cheap like in those commercials on TV. The owners racked up fines and other legal problems. But those commercials ONLY SHOW the property AFTER they are repaired which is misleading. But some people probably do get decent deals and repair property as a business such as home building contractors.
Quote: that may expkain the city's weird behavior regarding my propery: "If you give a person a foot then they may need a mile" So with the parking issues they might be thinking I might be asking for one more day and then one more thing after that:
My quote: "If people can make money that easy as shown in those TV commercials. Then the actual people issuing the commercials wouldn't be advertising it..... They would be keeping it somewnat secret for themselves and usiing the process for themselves to get rich!"
My quote: "If people can make money that easy as shown in those TV commercials. Then the actual people issuing the commercials wouldn't be advertising it..... They would be keeping it somewnat secret for themselves and usiing the process for themselves to get rich!"
Gail in Georgia
Senior Member
Quite frankly, "so what" in regards to all your theories regarding why the owner stopped paying the taxes on the building.
We've already suggested what you might do to get back into the building and get your things.
This involves getting off the computer and doing something about this. It really sounds as if you're more interested in going around the block several times to try and find your rear end.
Gail
We've already suggested what you might do to get back into the building and get your things.
This involves getting off the computer and doing something about this. It really sounds as if you're more interested in going around the block several times to try and find your rear end.
Gail
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