Thursday, August 1, 2013

Tenant In Foreclosed Home Gets Boot, Estimates $5K In Personal Items Taken By Trash-Out Outfit Despite Scoring 11th Hour 30-Day Stay Of Eviction

In Jacksonville, Florida, First Coast News reports:

  • A Jacksonville man said he was told to get out in 24 hours. He said he never saw it coming. Now, he is fighting.

    Ryan Burns and a couple roommates said they have been renting a modest home on Post and Rubel streets since October 2012. "I loved having my own house," Burns said.

    Until a final notice of eviction reportedly showed up on his front door June 25th. It said in part they had 24-hours to leave, which is standard under Florida law. "I was surprised," Burns said. "We had no other indication that was happening."

    Burns claims he paid rent on time, but he also claims the landlord didn't tell him the home was facing foreclosure. FCN scoured court documents and found an order to stay in the home was granted, on June 26th, by a circuit court judge for 30 days.

    That order was filed on the June 27th, which was the same day as the eviction. The Jacksonville Sheriff's Office confirms the eviction was done June 27th.

    Burns claims a company came in and removed roughly $5,000 in personal items from the home. The company claims it followed all the rules. "A wallet, containing driver's license social security card," Burns said, as he went through a list of what he said was taken. Burns' mother, Cathie, said "The social security card, that's a big deal because...I mean, you can do anything with that. that's identity theft."

    Even with the judge's 30-day extension, unfortunately for Ryan, the house is sold. In the meantime, JSO is still investigating.

    FCN tried several times over the past few days to reach the previous homeowner with no success. FCN will continue to try to do so.

    First For You, real estate attorney, Francis Boyer, said these are your rights:

    1) Renters can stay in the property until a notice to vacate runs out.

    2) Property owners do not have the right to take the renter's property. It must be stored and notice given. If that is not done - consider hiring legal help.

    3) The Protecting Tenants at Foreclosure Act says in part, if your landlord is foreclosed upon, and does not inform you and you are a bona fide tenant (meaning you are not related) you have a right to 90 days notice to move.

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