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[maxor]

Today I got a notice to leave the premesis from a law firm acting as a collection agency for US Bank.  It didn't have my name on it but did have my adress on it, and was adressed in Bold to Current Occupant  or the name of someone I had never heard of, followed by my address.  Then Regarding US bank Vs.  Name of person et AL.  Case NO then property adress: my address again.  This was just taped on my door when I went to work at about 11 am on Jan 25 th.

Now what makes it cute is after calling the law/collection firm and trying to figure out what was going on for over 90 minutes they came to the conculsion they had the wrong address.  So 1. Is there anything I can do about them scaring the living daylights out of me. and 2.  How do I ensure that absolutely nothing like this ever occours to me again?

Text of notice. 

Dear Occupant: 

YOU ARE BEING ASKED TO LEAVE THE PREMISES.  IF YOU DO NOT LEAVE, AN EVICTION ACTION MAY BE INITIATED AGAINST YOU.  IF YOU ARE IN DOUBT REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS AS A TENANT, IT IS RECOMMENDED THAT YOU SEEK LEGAL ASSISTANCE.

Please note that on the date of November 6, 2009 the property located at (my adress) sold at sheriff sale auction in the County of Adams.  You are hereby notified that possesion of this property is demanded by US Bank, N.A. who was the succesful bidder at the sheriff's sale and now owns the property listed above.

You occupy said property without color of title. You have no rental agreement of any kind with U.S. Bank N.A. and no rent has been paid to it.  Possesion of the premises is being unlawfully detained by you.

If you are the former owner of the proeprty or the child spouse, or parent of the former owner, the property needs vacated immediately or eviction proceedings will be initiated in the Court of Adams County, Ohio.

If you are a tenant of the property listed above, and not the child spouse or parent of the former owner of the property, you may be entitled to additional rights whichare provided in the Protecting tenants at Foreclosure Act of 2009 which includes the right to stay in the property for 90 days from the date this notice was received vefire eviction proceedings are initiated against you. Please forward the following to use as soon as this letter is received.

-   The names of all occupants of the Property listed above over 18 years f age

-   A copy of the lease you signed with the former owner

- Indicate if you are a Section * tenant

Active members of the United States Armed SErvices may me entitled to rights as provided in the Servicemembers Civil Relief Act.  If that is the case, you or your attorney need to contact this law firm immediately to determine if you qualify under the protection of the SErvicemembers Civi Releif Act.

Very Truly Yours

Name and signature.l

[Rottweiler]

Ok, let me explain.   

I.) Let's start with what was "nailed" to your door:

1.)  That is an ejection notice because the property was foreclosed upon, terminating the right of the occupants to remain on the premises.

2.)  The varying conditions?  That is forced on the Bank by law:

a.) The "Out now!" provisions is the "ejection" because the former owners never had a rental agreement with the new owner and they lost the right to occupy the premises when they lost legal title in the foreclosure. 

b.) Any tenant on the premises had a rental agreement with the former owners.  NOT with the Bank. 

The Bank has chosen to NOT assume the leases and therefore the tenants are now tenants at sufferage with no legal rights to remain other than those limited ones codified in eviction law. 

In this case, it will constitute merely a delay in how fast the tenant must also vacate their residence.

II.) Now, do you have any recourse for being mistakenly issued the ejection notice?  I don't think so: 

A.) One might think that the law firm would check out the information their client gave them before issuing the ejection notice.  However, it is NOT malpractice to rely on what the client tells the attorney representing them unless there is a clear pattern of misinformation supplied by the client AND the attorney knows or has reason to know that their client, eh, is careless and or...uh...lies a lot.

B.)  The law firm admitted to the error and appears to have corrected the mistake.

However, do check with the court to make sure that the ejection has been served to the correct party or parties this time.  This is so you don't find a Sheriff at the door one fine day with a few helpers ready to forcibly toss you, yours and your stuff to the curb.

Instead of the ones who should end up there.

C.)  FDCPA violation?  No.  Not only would "bona-fide error " likely hold up in court, but there is another important point: 

Issuing an ejection notice is NOT a collection action nor can be construed as an attempt to collect a debt.

The fact that the notice mentions no lease and non-payment of rent (and non-acceptance of the same) is simply legalese for "We are not your landlord and you are not our tenant." 

If US Bank did not say that?  Then payment of rent could well create a month-to-month tenancy even if US Bank is not willing. They need to formally refuse to accept any rent payments or attempts to pay rent to avoid the chance of being forced into a statutory lease arrangement.

In other words, this is the legal way to break the lease with a tenant and/or avoid forming one with the former owners.  This process is done to get the property vacated with as few impediments as possible and in as short a time as the law allows.

[maxor]

Thanks for the information Rottweiler.  If they had just made a mistake and said they did or gotten faulty information I'd understand.
 

 I must say its seriously upsetting to me that someone would send something like that to someone without bothering to check and see if their information was right.   I also don't like having to waste a fair ammount of my work day trying to figure out why such a thing is on my door and why the people who put it on my door don't know why its there.  I understand that someone typing an adress once might get it wrong but 3 times in the same letter is a bit much.  Then that they were unable to find such letter n their files even with the name of the person who 'signed' it and the date it was written for over an hour and trying to figure out why I am upset over them not knowing why I've got this letter on my door is a pain.  The two times that it was suggested that I get legal council by their various people on the phone was also a bit insulting.  I work for a bank and I'm relatively certain that we know the adresses of all the property we own or hold leins on.  I won't say there are - clerical errors or typographical errors but the same one isn't made 3 times in the same letter.  I'm also fairly curious how the sherrif of a county other than the one the property is in can hold a sale to sell a house in another county.

[Flyingifr]

If you understand how word processors work, they can be programmed to insert a variable into a field throughout a document. It's the garbage In, Garbage Out principle.

Let's say I just foreclosed on an address called 1600 Pennsylvania Avenue, Anytown, AZ, but instead of "Anytown, AZ" I mistakenly type "Washington DC". The document will place "Washington DC" in every field that is identified as the debtor's city and state, and the President of the United states will get that letter.

That's how your address ended up in the letter 3 times.

[itsmeagain]

You can file a well worded complaint to the state banking commissioner.  Be sure to include a copy of the Ejection notice.

It won't put any shekels in your pocket but it might make you feel better.

[Rottweiler]

I understand that someone typing an adress once might get it wrong but 3 times in the same letter is a bit much.

As Flying said, Garbage In, Garbage Out.  (Someone did not check the information they entered into MS Word's Mail Merge (or another fill-in-the-form database program), did they?)

Then that they were unable to find such letter n their files even with the name of the person who 'signed' it and the date it was written for over an hour

That's not good.  That might give you a tiny wedge to jam in just a bit, but one that legal counsel might not think is worth pursuing in court. 

The two times that it was suggested that I get legal council by their various people on the phone was also a bit insulting.

Until they determined that they made a mistake, they have to do that since they are not your counsel and you are not a client and anything they say could be construed to be unethical and/or illegal.

I'm also fairly curious how the sherrif of a county other than the one the property is in can hold a sale to sell a house in another county.

Hmmm....that is a valid question.  I have not heard of foreclosure sales being allowed to take place in a county (location) other than that in which the real estate is located.

However, since it appears the situation was resolved, you might not have any leverage.  Unless it turns out it wasn't and you suffer damages because of the error.

[DefLepGirl]

Just to add to what has been said....... I'd also call EVERY media outlet within 500 miles of your home and tell them your story........

Maybe if it hits the news wires it will slap these IDIOTS even harder......

The only thing that hurts more than swatting someone at their wallet is bringing their stupidity to the publics eye. 

[Kitten]

Here's a case of mistaken identity for a condo.
First, they changed the locks on the wrong condo unit. Then they apologized and gave the owner the keys when she contacted them.

Then, after she went on vacation for Christmas break, they cleaned out her condo and threw everything away. Lawyers currently arguing over just how much stuff she lost in the B&E.

http://www.lasvegasnow.com/Global/story.asp?S=11710384

[Mischievous Smurfy]

  I'm also fairly curious how the sherrif of a county other than the one the property is in can hold a sale to sell a house in another county.

perhaps that was the problem ... they put the wrong city and zip code.  Or left a directional indicator off the address ... N.S.E.W. your street ...   could be a city that is split by county and the correct address is on the other end of you road.