We have been living in a rental condo for the last 4 years. The condo went into foreclosure and the bank took title few months ago. We never received any notice from the bank. Recently, after checking the case records online we discovered that the bank asked for writ of possession. As tenants we never received a 90 days notice to terminate our tenancy as required by the Protecting Tenants at Foreclosure Act.
We filed a notice of intent to claim use of premises under the Act with the court clerk but the court granted the bank writ of possession.
Was the bank required to send us notice of 90 days?
Can we file a motion to cancel the writ of possession due to the fact we never received 90 days notice from the bank?
How do we file an emergency motion asking the court to cancel the writ?
This is a case which cannot be answered without reviewing the court file. You should contact an experienced real estate lawye in your area to review your case with you.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
I agree with Mr. Deason, a review of the court file is necessary to advise you on how to proceed, and because of that none of the attorneys on this site can give you a definative answer. Although you can certainly try to represent yourself on this matter, I'd advise you to hire an attorney immediately and get him to review the file. If your claim has merit, you will need to get a motion to quash the writ in front of the judge right away.
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