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Re: Proceed with eviction action if ex-owner won't move.

Posted by Ward-CA- on November 25, 2001 at 10:01 PM

In Reply to: Foreclosure at Auction - Prev Owner Has Not Moved Out.. posted by Lucy - NY on November 25, 2001 at 1:59 PM

: Hi,
: I purchased a foreclosure at auction in the same condo complex that i live in. Since i'm in the area i drove by and can still see the owner living there. I saw a previous posting which suggested that i nicely approach the previous owner in order to discuss when he will be leaving the property. He indicated that certain papers weren't filed correctly and that he wasn't aware that it was foreclosed. My question is, in NY, what is the next step to take to get him out without him destroying the property. Final note, he is a lawyer.
: Thanks,
: Lucy

=•=•=•=•=•=•=•=•=•=•=•=

Lucy, the fact the ex-owner is a lawyer wouldn’t dissuade me from proceeding to acquire the possession of the foreclosure I had bought fair and square. If there exists some mistake that’s so material that if would invalidate the foreclosure sale, then that is a matter for the party who processed the foreclosure to be concerned with, not me.

So I would serve the ex-owner the requisite notice to move and then follow up with an unlawful detainer lawsuit if he didn’t vacate within the specified time period.




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