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I vacated a property almost a year ago and let this ...

Sent to Legal Experts August 16 10:08 AM

I vacated a property almost a year ago and let this property go into forcloser. Now someone has posted a letter on the door with a court date saying I refuse to give up the property. I sent certified letters to my mortgage company awhile back saying I couldn' t afford the home anymore and I was vacating the premisses. But now their representive is acting like I never left and I have a court date. Do I have to appear at this court hearing?After all this is a step for them to gain control over the house, which they already did at least 6 months ago and changed the locks. Basically do I have to take a day off of work to go to court. I am not trying to get this property back nor do I want it. I am ready to deal with the other conquences, like bad credit. etc. Or what else they say I am responsible for. I don't want to file bankruptcy, but I will.

 

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Kansas City , Missouri

Already Tried:
I have vacated the promisses almost 7 months ago. Now I have a court date saying vacate the premisses. I sent letters to the mortgage company and called and let them know I didn't live there anymore. Do I have to show up in court? I am not trying to fight for this house.

Customer (name blocked for privacy)
Answer
August 16 10:15 AM (6 minutes and 41 seconds later)
         
REPLIEDCheck Mark

Dear Tammy,

Since this is a civil matter, you should at least respond to the subponea or summons. You risk contemp by not showing up; however most likely, since this is a civili matter and not criminal, they court will merely default judgment to the bank.




YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson
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August 16 10:26 AM (10 minutes and 58 seconds later)
         
Reply to Ed Johnson's Post: I understand it being a civil matter, but it is a subponea? shouldn't that have been served to me directly? something that I would have to sign for? as acknowledging that I received it.I don't live anywhere near that house. If I wouldn't have been in the old neighborhood last night and seen it on the door. How would I have even known I had a court date? Therefore I wouldn't have shown up anyway.
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August 16 10:31 AM (4 minutes and 41 seconds later)
         
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August 16 10:45 AM (13 minutes and 58 seconds later)
         
One more question, let say I didn't see it and was not aware of the fact I had a court date, since there is nothing in stone saying I had to sign for anything, and I didn't show up. What happens then?
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August 16 10:49 AM (4 minutes and 52 seconds later)
         
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August 16 11:30 AM (40 minutes and 13 seconds later)
         
It is hard for me to explain my situation in such a short form, but I think we are missing each other here. This is a non-judicial foreclosure. I have already receive notice that the home has been sold. There was an auction for the house. I chose not to go and I receive notice that house was indeed sold. I have no way of getting the home back, nor do I want it. my case is very unusual I know, this was a forclosure that I was not in any means trying to stop. House is gone, my questions are not, how to save face with the mortgage company. I want to know what my next steps are? The mortgage company was fully aware that I was not in that house because they change the locks some time ago. I don't doubt that they would come after me regarding what was left over after sale took place, what I am asking is the mortgage company and their rep. that they hired apparently are not on the same page. The Representative thinks I am still occupying the house and I have been long gone. I am assuming that this is just the steps they have to take. So what is the consequence of me not going to court beside the contemp part? Don't misunderstand, I am not afraid to go to court, because I am ready for the mortgage company and all the bogus practices they did, like phoney appraisals, selling me the home with serious termite damage, faulty paperwork, dirty real estate agent working as a dual agent and not looking out for my best interest at all are just to name of few of the things they took advantage of me as a first time home buyer. When I go to court, I will have an attorney and lots information to back up these claims. But right now I have not reach that point. This is a court date that I would not have known about anyway and it is to take posession of a house that they already changed the locks on. I just want this nightmare behind me. Like I stated before this is an usual case and I would have to sit down in front of you to explain. Again, what are the conquences for me not going to court???
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August 16 12:20 PM (50 minutes and 6 seconds later)
         
I am still waiting, have I used up all my questions because I really didn't get my question answered?
Answer
August 16 12:31 PM (11 minutes and 1 second later)
         
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August 16 12:50 PM (18 minutes and 59 seconds later)
         
I am sorry we are still missing each other, I am not totally dumb to the law, I have done plently of research on this matter ( foreclosure ) I have a pretty good idea, of what I am liable for and what they can go after me for regarding this debt. This letter that was posted on the door has nothing to due with sueing for property taxes, secondary lien holders, garnishments etc. etc. etc. this was just to take possession of the house. Basically a eviction notice. ( to the ghost that live in there ) Again, if I didn't know that the notice was there and was not served, ( not a notice for murder or anything like that) what happens if I don't show up???? I understand if you have the were served the notice, like at my job, relative's house, new address in which they have all, and then you don't show up. I understand be in comtemp of court, basically like jury duty and not showing up. One more time, again they have know proof that I know anything about this court date, WHAT HAPPENS IF I DON'T SHOW UP?
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August 16 12:58 PM (8 minutes and 40 seconds later)
         
I am sorry we are still missing each other, I am not totally dumb to the law, I have done plently of research on this matter ( foreclosure ) I have a pretty good idea, of what I am liable for and what they can go after me for regarding this debt. This letter that was posted on the door has nothing to due with sueing for property taxes, secondary lien holders, garnishments etc. etc. etc. this was just to take possession of the house. Basically a eviction notice. ( to the ghost that live in there ) Again, if I didn't know that the notice was there and was not served, ( not a notice for murder or anything like that) what happens if I don't show up???? I understand if you have the were served the notice, like at my job, relative's house, new address in which they have all, and then you don't show up. I understand be in comtemp of court, basically like jury duty and not showing up. One more time, again they have know proof that I know anything about this court date, WHAT HAPPENS IF I DON'T SHOW UP?
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August 16 1:02 PM (3 minutes and 58 seconds later)
         
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