Unlawful detainer

[needthatsfv]

I was served unlawful detainer on Dec 2020, today was the hearing. I lost, I not getting evicted because of rent. I really don't knw the reason cos I never got the complaint. Im a tenant and the owner passed away, the family "administrator" are evicting me and I have a lease until 2022, but I lost my lease that was in my car and my car was total loss from accident. I didn't make it on time to get my belongings when my car was already gone. my question is I need more time, or even if possible take over the mortgage. The house is in probate. Who can I talk to about this? what are my options? what type of attorney handles this matter? Can I appeal? can i ask for a Stay?

 

[Taxing Matters]

I was served unlawful detainer on Dec 2020, today was the hearing. I lost, I not getting evicted because of rent. I really don't knw the reason cos I never got the complaint. Im a tenant and the owner passed away, the family "administrator" are evicting me and I have a lease until 2022, but I lost my lease that was in my car and my car was total loss from accident. I didn't make it on time to get my belongings when my car was already gone. my question is I need more time, or even if possible take over the mortgage. The house is in probate. Who can I talk to about this? what are my options? what type of attorney handles this matter? Can I appeal? can i ask for a Stay?

Your options depend on the laws of your state and you did not mention the state. It also matters exactly what the court ordered.

My best guess is that you got evicted because the owner died and the administrator didn't find any long term lease for you. Without a lease, the administrator can just give you whatever notice state law requires to move out and if you are not out by the time given in the notice, the owner can go to court to evict you.

You may always contact the estate administrator and see if he or she will give you some extra time to move out or if the administrator will entertain an offer from you to buy the place. Note that the administrator will need to get fair market value (FMV) for the property to meet his/her fiduciary duties to the beneficiaries, so simply letting you take over the mortgage probably won't be something the administrator will be willing to do unless the house is worth less than the mortgage, in which case that would be a bad deal for you.

 

[quincy]

I was served unlawful detainer on Dec 2020, today was the hearing. I lost, I not getting evicted because of rent. I really don't knw the reason cos I never got the complaint. Im a tenant and the owner passed away, the family "administrator" are evicting me and I have a lease until 2022, but I lost my lease that was in my car and my car was total loss from accident. I didn't make it on time to get my belongings when my car was already gone. my question is I need more time, or even if possible take over the mortgage. The house is in probate. Who can I talk to about this? what are my options? what type of attorney handles this matter? Can I appeal? can i ask for a Stay?

What is the name of your state?

Were you paying rent? If so, do you have records of these payments (bank records if other records were destroyed in the car accident)?

If you provide your state name, we could in turn provide you with resources in your area.

 

[zddoodah]

What state does this relate to?

I really don't knw the reason cos I never got the complaint.

Huh? You told us that you were served two months ago, so how could you have not gotten the complaint?

Im a tenant and the owner passed away, the family "administrator" are evicting me

I assume that's because the administrator wants to sell the home, which is generally more easily done with vacant property.

my question is I need more time, or even if possible take over the mortgage.

This isn't a question and is barely a coherent sentence. Are you saying that you're interested in buying the home? Also, "more time" than what to do what?

Who can I talk to about this?

You can talk with anyone who is willing to talk with you. If you're interested in buying the property, you'd want to discuss that with the administrator of your former landlord's estate.

what type of attorney handles this matter?

A landlord-tenant attorney. Of course, the time to ask this question would've been two months ago when you were served with the unlawful detainer complaint.

Can I appeal?

Yes.

can i ask for a Stay?

Yes, but that doesn't mean you'll get one.

 

[quincy]

The time for appeal may have passed.

We really need the state name.

 

[PayrollHRGuy]

The time for appeal may have passed.

We really need the state name.

According to the OP, the hearing was today.

 

[quincy]

According to the OP, the hearing was today.

Ah. Then needsthatfv should be able to appeal.

Thanks for pointing that out.