What to do ifI moved out ofmy foreclosed rental early, but have not recived the payment that the bank promised for my doing so?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do ifI moved out ofmy foreclosed rental early, but have not recived the payment that the bank promised for my doing so?
The house I was renting was foreclosed on and bought back by the bank. I was offered a “move out agreement” and I was out on time. I haven’t been paid. As stated above, on the move out date the realtor gave me a check that had been written out to the wrong name. That was 4 days ago and according to the agent, no one from the lender’s office will return her emails or phone calls. Meanwhile, my children and I are living out of our car with no money for food or gas. Accordingly, my children are not only hungry and homeless but they are missing school as well. Can you please inform me of my rights in this matter?
Asked on September 17, 2010 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Ok, first of all let's get things better for you. Can you go to a family shelter of some sort to get a roof over your head and food for your kids? Next, do you have a copy of the agreement? And what happened to the original check? Do you have a copy of that? Is the agreement signed by a bank representative? Then I would call your state banking commission (http://www.dfi.ca.gov or (916) 322-0622) and the State attorney general's office (http://www.ag.ca.gov and look under the consumer division regarding banks). They should be able to help in some way. I would also call the bank directly and hound the agent until they act as well. You have a right to sue on the agreement. Depending on the amount you can try small claims court. But you need help sooner rather than later. Good luck to you and to your children.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.