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OK my husband sister asked him to get a house under his name for business purposes about 5 years ago and they agreed that upon the business doing well he was to receive money like rent for allowing the home to be in his name, problem was we never saw a dime of the profits and the business were doing well, now they refused to give us rent saying that he might have the house in his name but they put the money for the business there fore he should get nothing, on top of that they foreclosure three times and they refinance the house with out his consent, they committed forgery we know that they should be in jail but my husband doesn't want anyone to go to prison, so we assumed responsibility for the loan and decided to sell the house. But they won't leave or pay rent so what we do next evict them? how do we do that? we are so lost. The home is in my husband's name and the new bank the one they use for the refinance we don't know anything about just the name and the loan number because credit report.com help us by telling us why our credit was so bad. Now we know. These people destroy his credit and my husband because of his ailing mother won't press charges.. We decided to sell. We want to evict them never done it before so how we do it? Thanks.
Oh yeah I forgot we are from the state of Florida. Yes they have done some highly illegal stuff. I know that. But instead we just want to sell the house. These people are real bad news they are so wrong. But one way or another I am going to fight for my husband and soon this will end. Or I even thought of going to the DA with out my husband and report the forgery? can that be done?
Wow, I am not sure where you live but, in Athens what they did could NEVER be done...How they refinanced and had the papers forged is impossible to do..Something there is not right at all...And if they did the authorities wouldn't need you or your husband to press any charges because they would automatically be arrested..I strongly suggest you go to your Local County Court and ask to speak to an advocate who can help you...I, understand trying to help family but, basically your husband got screwed..I also, don't know how his credit is affected by this unless he hasn't paid the mortgage note which is in his name..Alot, of what is going seems like unnecessary stress..There are laws for this and if your sister-in-law is doing illegal stuff then something needs to be done soon before something else worse might happen to the both of you...Good Luck!
To evict, your landlady will have to satisfy the County Court that you are in breach of 1 or more "grounds" for possession and that she has given you the required notice. The most often used ground for possession is rent arrears (if in arrears of 2 months or more) but this does not look to be appropriate in your case given that you are not in arrears and have made an application for Housing Benefit. If your landlady is unable to show other grounds for possession, she will not be able to evict you until such time as your current Tenancy Agreement expires (if you have an Assured Shorthold Tenancy, usually for a period of 6 or 12 months). She will still have to follow correct procedures to evict if you do not move out on the expiry of the tenancy agreement. Your landlady does not have to extend the agreement on expiry. It seems, from what you say, that your landlady has not yet taken any steps to evict you so you do not need to worry or move out at this stage. You do not need to move out until the County Court has issued a Warrant of Eviction so stay where you are until then. Seek further advice/support from your local Citizens Advice/Law Centre
I think you can still sell the house without evicting the tenants, if the new owner desires tenants. If not, an attorney can start eviction proceedings. Hiring an attorney and even taking them to court is not the same as pressing charges. You just want the house sold and the headache gone; you can get rid of your headache immediately by handing the whole thing over to an attorney.
First give them a notice to evict in 5-10 days, make it clear if they dont you will get the county involved, this needs to be in writing! Then after the days pass if they are still there you will have to go to the closest county couthouse and file a eviction notice that will probally cost around 100 dollars. The county will deliver them the eviction and give them a day in court to make there case. If they do not show up to court the judge will most likely award you as the winner and give them 5 days to get out, if they dont a sherriff will remove them.
You need to consult a lawyer. More then likely, you will have to give them a 30 day eviction notice. But that depends on the laws of your state. But go ahead and make an appointment with a lawyer and see what they tell you.
Your Husband should have filed charges with the DA and had them sent to jail. If there is no agreement for them to live at the home, then call the police and have them removed. Stop being the nice guy.
File a Dispossessory Notice at your nearest Magistrate Court.
Get a lawyer to find out what do do....