Post on 15-Dec-2015
transcript
“REO in Rocky Times”
EvictionEviction
WELTMAN, WEINBERG & REIS CO., L.P.A. WELTMAN, WEINBERG & REIS CO., L.P.A. WELTMAN, WEINBERG & REIS CO., L.P.A.
© 2009 Default Attorney Group
www.defaultattorneygroup.org
The Eviction Referral
1. Instructions to Evict with loan number and billing instructions
2. Foreclosure pleadings - if eviction attorney is different from the foreclosure attorney
3. Address of property4. Defendant(s) name and/or name of tenant(s)
*Occupancy is critical for proceeding
5. If contest or complication expected – any collection notes and/or correspondence
6. Recent bankruptcy papers
Procedures con’t
• New York Mortgagor– Writ of assistance– 10 day Notice to Quit and Summary
Proceeding in Housing Court Only use 10 day NTQ where certain
mortgagor occupied only
• New York Tenant– 90 day Notice to Quit as per PROTAFA– Summary proceeding in housing court
Procedures con’t
• New Jersey Mortgagor– Writ of Possession filed, issued and executed
based upon foreclosure judgment and sale
• New Jersey Tenant– Summary proceeding for possession in state
housing court– PROTAFA not applicable in NJ
State law provides greater tenant protections and supersedes federal law
– Good cause needed for eviction
Eviction Delays
• Contested Evictions in NY and NJ– Order to Show Cause challenging merits of
foreclosure judgment and sale post sale, which stays the eviction
– Appeals– Bankruptcy (even post sale)– Order to Show Cause to stay the eviction on
hardship grounds
Personal Property Eviction
• New York
– No such thing as personal property eviction
– Take possession through mortgagor eviction or take
possession without court or sheriff involvement
– No procedure in law as to abandoned personal property,
but should take precaution to post and store for 30-45 days
Personal Property Eviction con’t
• New Jersey
– No such thing as personal property eviction
– If value indicia of abandonment, client can take
possession, post and store for 30 days if valuables
remain, otherwise trash out
– If value indicia of no abandonment, proceed with
court ordered mortgagor eviction.
The Clean Out
•Property must be vacant
•Role of realtor/asset company
•Changing the locks
•Photographs of contents/inventory
•Move out crew
•Disposition of property
Personal Property
• Value and description of property
• Types of personal property– Worthless property– Property with value– Fixtures– Automobiles
• Notice of Abandoned Property and/or Notice of Right to Reclaim Property
• Liability for property and/or trash out
Cash For Keys
• Client’s requirements
• Contact with customer/tenant
– Offers free of coercion/threats, written, good faith monetary
amount
• Conditions for delivery of payment
– Broom clean condition, waiver of all claims
• Releases
– Agreement detailed enough to release client from all liability