I'm in the process of evicting the person in my recently inherited property. I am an only child both my parents passed recently. It was an owner carry property! I went through eviction process and the tenant did not show so they gave me a default win. I waited the 4 days then went to the court to get my writ of action to deliver to the sheriff for them to serve and remove said tenant and I was then informed that the judge had granted the tenant a set aside judgement with no hearing date or any explanation whatsoever! I need to know what my next step would be. The tenant reason for the set aside judgement was that I wasn't the property owner and I needed to be charged with fraud, I am the owner I am on the deed through the filing of the affidavit for claiming successor/small estates form, then filed the affiant's deed form after waiting the 45 days, my name now on the deed! I need the tenant out, my children and I are now homeless because of all this, please help!
Asking a second time does not change the answer - you need to gather your materials and review them all with a local landlord-tenant attorney.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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