The house we are renting is in foreclosure as I have put in a previous post. Well because of this I went to the bank yesterday to talk to them about freezing the joint savings account I have with the LL. We were doing a rent w/ option to buy & we have given him $400 a month to put in the savings account to go towards the down payment at the end of the lease. Well Thursday of this past week he apparently went into the bank & withdrew all the money & closed the account. I called him & asked him about getting the money back & he lied to me saying the money was in the account he would bring it to me yesterday. Well he was a no show & will not answer any of my phone calls now. I am just getting voicemail. We put in $7200.00 plus the interest puts it at $7347.63. How can I get my money back? Small claims court here will only do up to $5000.

The house we are renting is in foreclosure as I have put in a previous post. Well because of this I went to the bank yesterday to talk to them about freezing the joint savings account I have with the LL. We were doing a rent w/ option to buy & we have given him $400 a month to put in the savings account to go towards the down payment at the end of the lease. Well Thursday of this past week he apparently went into the bank & withdrew all the money & closed the account. I called him & asked him about getting the money back & he lied to me saying the money was in the account he would bring it to me yesterday. Well he was a no show & will not answer any of my phone calls now. I am just getting voicemail. We put in $7200.00 plus the interest puts it at $7347.63. How can I get my money back? Small claims court here will only do up to $5000.
Well, what he did was legal. A joint bank account with only 1 signature required for withdrawal was NOT the right way to do this. In any case, you need an attorney to attempt to help you get your money back.

I work for a bank so I know what he did is legal, but because the account number is listed in our paperwork stating that all money in that account is mine & to be returned if I do not choose to buy the house or to be used for the down payment he has no legal right to keep it right? I have called a lawyer & it is really expensive. I am about to have brain surgery & am out of work on short term disability plus with having to move I don't have the money for a lawyer right now. I have 2 kids to feed & a need to get a roof over there head because of this jerk. The lawyer also said because he didn't pay the mortgage & the house is being forclosed on the LL is in breach of contract. Is that true? Our lease states that he is to use the rent we give him to pay the mortgage, taxes, & insurance. He wrote it not me. How else can I do it? I know for a fact that he can't afford a lawyer either. But I think that even if I did get a judgement he would just try to file bankrupcy on it anyways. I could really use that money to move.

Your lawyer is correct. He didn't do anything illegal, but he did breach your contract. You might have to settle for small claims, in order to get some of your money back. BUT, understand that, if he pulled the money out of the bank and hasn't met up with you, you might have a hard time getting it back from him.

Use this month's nad next month's rent money to move.

Good luck.

That is what I want to do, but he says because the house is in foreclosure I have to be out on Oct 31st. I have not gotten any paperwork he just said it while he came to pick up some mail they delivered here for him. I am still not sure how this is going to play out cause there is no way I can be out by Oct 31st. Every placed we have called needs a minimum of 2 weeks to process the applications & then they would schedule when we could move in. Not one of them said it could happen prior to Oct 31st. But the lawyer said that someone has to evict us so I should be able to buy an extra week or two before we have to leave. He did say that if I want to be a real pain in the butt we could drag it out for up to 4 months, but I don't need that long. My husband sold our LL his motorcycle & he was supposed to be making payments on it as his car died. In our contract it states that if he late making his payment by 5 days that after that time we can repo the bike. A local lawyer drew it up & I called him to ask if we could go get the bike. My LL is 15 days past due with his payment & he said we could. We are going tonight to get it. The lawyer has notified the local sheriff's dept & they said to go ahead & pick it up. This is going to put a damper in his life as it is his only transportation to work.

The sheriff will give you notice for when you need to be out. Most states have a redemption period, and if the sheriff's sale hasn't occurred yet, you're fine. Just try to move as soon as you can.

We have found a couple of places but I can not put applications in till my husband gets back next week. He is out of town on business & they have said he has to be present to fill out his section of the application. LL says the bank told him that if I am not out on Oct 31st then the sherrif's will lock me out 48 hours later. The lawyer stated that I need to be formally notified of an eviction per say. I have never been through a valid eviction before. I had a LL try to evict me after I called code enforcement on him cause he refused to fix things & the judge threw his eviction out & fined him for retaliation (that was in MA though). Will there be a court date or will a sheriff just come give me paperwork stating a date to vacate?

We have found a couple of places but I can not put applications in till my husband gets back next week. He is out of town on business & they have said he has to be present to fill out his section of the application. LL says the bank told him that if I am not out on Oct 31st then the sherrif's will lock me out 48 hours later. The lawyer stated that I need to be formally notified of an eviction per say. I have never been through a valid eviction before. I had a LL try to evict me after I called code enforcement on him cause he refused to fix things & the judge threw his eviction out & fined him for retaliation (that was in MA though). Will there be a court date or will a sheriff just come give me paperwork stating a date to vacate?

I don't know, but if you'll contact the Sheriff's office, I'm guessing that someone there can direct you.

I did & they said they didn't know. That is why this situation is so difficult. LL I know is not telling the truth & the bank can only answer a few questions but not the ones I need answered.

I did & they said they didn't know. That is why this situation is so difficult. LL I know is not telling the truth & the bank can only answer a few questions but not the ones I need answered.

The Sheriff's department doesn't know when the eviction will be? Do they know when the Sheriff's sale is?

called them today & they don't even know what I was trying to ask them. They routed me to the clerk of courts which said they don't have that info call the lawyer on the papers we got. They also said I was misinformed by the bank's lawyer & the one I was looking at hiring. I have to respond to the paperwork that we were served on behalf of the LL because the server wrote our names on the paper. I only have till monday to file a response so good thing i called today.

called them today & they don't even know what I was trying to ask them. They routed me to the clerk of courts which said they don't have that info call the lawyer on the papers we got. They also said I was misinformed by the bank's lawyer & the one I was looking at hiring. I have to respond to the paperwork that we were served on behalf of the LL because the server wrote our names on the paper. I only have till monday to file a response so good thing i called today.

The sheriff won't have an order until after the foreclosure trial.