Legal Question in Real Estate Law in North Carolina

evict

I moved out of my out because of financial difficulties. Had friends to move in with lease agreement. House is going into forclosure and tenants have not made a single payment. For four (4) months in which they have lived there! New lease aggreement was put in place and signed by the tenants to make a quick collect payment to bank but bank has sent back money and now they will not sign new lease making payment directly to me. What should I do?


Asked on 12/30/02, 11:53 pm

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: evict

You are responsible for the mortgage payments to the bank. Your tenants are responsible for paying you. You will likely have to evict tenants and sue to get your back rent. You will also have toi insure that the bank receives its mortgage payments. There are a couple of options available to try to make this work and at least save your credit history but it would take to long to fully discuss the problem through email. You will likely need a lawyer. One solution is to sell the property at the pre-foreclosure stage. The new owner would be responsible for evicting and dealing with the holdover tenants. You may walk away with some money in your pockets and your credit intact if you do this correctly. I am currently employed with a firm but I am going into private practice 1/15/03. If you would like to discuss this further my e-mail is [email protected]

Thanks,

Jim

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Answered on 1/03/03, 3:12 pm


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