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#1 Used_deceived

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Posted 21 November 2012 - 12:56 PM

I leased property from a woman who was trying to save her home (woman was a hoarder)
upon our move in date she was not moved out, we had to live with her while she procrastinated in moving, well she never really moved all her property out. I made deductions on my rent and made
notes as to why. We decided to see what was happening with the Property (real estate agent ran a profile on the property) Landlord is not the owner, property is in Default. We refused to pay her until she adhered to the Lease which included use of entire house including garage which is where she had her property stored, she sued us for unlawful detainer and won the judgement. I didn't think she would win the case since she isn't the owner. I explained that to the judge and he said well you need to sue her. Now she is sueing me for the judgement and damage to property in small claims, I've
prepared my case; and did my research on the property, property is currently in Litigation,
in 2007 property was in a Trust, she had her trustee signed over the Grant Deed to someone who would take out a mortgage loan for her while she promised to pay the note, she failed to pay the note
the property forclosed in March 2010, she tried to sue for the grant deed, etc. and lost. Did she have the right to lease the property to me. When I confronted her about her not being the owner, she claimed to be the trustee and that the property is in a trust. According to public record property is in Default and owner is Mr. John Smith (Example). Also grant deed shows she gifted the property to
John Smith. Do I need to sue her? What do I sue her for?
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#2 FindLaw_Amir

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Posted 21 November 2012 - 02:23 PM

Is she the current owner? Why would you like to sue her? What damages did you suffer?
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#3 Used_deceived

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Posted 21 November 2012 - 07:03 PM

Is she the current owner? Why would you like to sue her? What damages did you suffer?

No she is not the owner
She lied to us and told us she wanted to save her property she wanted to start making the payments, property had already forclosed one year prior to our lease. We didn't have full use of the property as we agreed. Property was in the name of her former friends who's credit was ruined. She also ruined our credit with the Unlawful Detainer.

#4 Used_deceived

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Posted 22 November 2012 - 10:08 AM

CAN SOMEONE LEASE PROPERTY THAT WAS FORCLOSED ONE YEAR TO SIGNING LEASE.
PROPERTY FORCLOSED IN MARCH 2010, LEASE STARTED IN MAY 2011.

#5 Used_deceived

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Posted 24 November 2012 - 01:56 PM

can someone who is not owner lease property

#6 adjusterjack

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Posted 24 November 2012 - 06:32 PM

can someone who is not owner lease property


Yes.

But that doesn't help you, does it?

How about some details about what happened to you and what you hope to accomplish.

And tell us what state this happened in, in case there are any specific state laws that apply.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#7 FindLaw_Amir

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Posted 26 November 2012 - 07:36 AM

Do you currently hava a valid lease in place? Are you being evicted? To learn more about your rights regarding this subject matter, you may wish to visit the Real Estate Law Center: Landlord-Tenant Law and read Tenant Eviction in Foreclosure: What Are Your Rights?
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#8 Used_deceived

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Posted 28 November 2012 - 07:55 PM

THANK YOU, SHE IS IN VIOLATION OF "RENT SKIMMING",CIVIL CODE SECTION 890-894, LEASING PROPERTY WITHOUT OWNERS CONSENT

#9 Used_deceived

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Posted 28 November 2012 - 09:14 PM

SHE FILED A SMALL CLAIM CASES AGAINST THE "OWNER OF RECORD" FOR NOT RETURNING "GRANT DEED" TO THE
TRUST, (HE SECURED LOAN AND SHE WAS SUPPOSED TO MAKE LOAN PAYMENTS, SHE DEFAULTED, PROPERTY
FORCLOSED).. HER CASE WAS DISMISSED
SHE THEN SUES OWNER IN CIVIL COURT WITH HER SONS FOR BREACH OF CONTRACT, ETC. - THE CASE WAS DISMISSED AFTER A YEAR
IIN COURT RECORDS, EVIDENCE SHOWS SHE COMMITTED FRAUD BY FILING A FALSE LOAN DOCUMENT TO ENCUMBER PROPERTY.
SHE LOSES HER CASES, SHE HAS NO RIGHTS TO THE PROPERTY. AS OF APRIL 2011
SHE IMMEDIATELY HAS HER SONS FILE ANOTHER CASE AGAINST THE "OWNER", AND THE BANK THAT HOLDS THE LOAN FOR TITLE TO THE PROPERTY, PROPERTY HAS BEEN IN LITIGATION FROM NOVEMBER 2007 TO PRESENT.
IN MAY 2011, SHE THEN OFFERS TO LEASE ME HER PROPERTY SHE CLAIMED SHE WAS TRYING TO SAVE HER HOME AND NEEDED TO PAY THE LOAN, SHE RENEGGS
ON LEASE AGREEMENT, SHE NEVER MOVED OUT HER PERSONAL BELONGINGS, & NUME3ROUS OTHER REASONS SO WE HELD PORTIONS OF THE RENT AND EXPLANATION WHY. SHE STARTS EVICTION PROCEEDINGS,AND WINS JUDGEMENT, DESPITE MY ANSWER, PICTURES AND THE FACT SHE IS NOT THE OWNER.,
SHE ALSO HAD AN ATTY, WE HAD NO ATTY., I TOLD THE JUDGE SHE ISN'T EVEN THE OWNER, HE SAID TO ME, YOU NEED TO SUE HER.
SO NOW SHE IS SUEING ME AGAIN FOR THE JUDGEMENT AND PROPERTY DAMAGE..
MY RESEARCH TELLS ME SHE IS IN VIOLATION OF A FORM OF "RENT SKIMMING"",SHE COLLECTED A LITTLE LESS THAN $10,000 IN RENT,WITHOUT THE OWNERS CONSENT, SHE ALSO MISREPRESNTED HERSELF AS THE "AGENT FOR TRUST PROPERTY. PROPERTY WAS REMOVED FROM TRUST IN 2007 FOR LOAN, WHICH DEFAULTED. SHE ALSO MASTERMINDED THE FILING OF A "FAKE LOAN", PER COURT RECORDS. WHY WASN'T SHE CHARGED WITH A CRIME?
HOW IS IT THESE PEOPLE GET AWAY WITH THESE ''WHITE COLLAR CRIMES". SHE HAS KEPT THIS PROPERTY IN LITIGATION FOR THE PAST 5 YEARS WHILE SHE
SQUATS.




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