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Old 01-06-2012, 09:57 PM
 
Location: nc
2 posts, read 5,461 times
Reputation: 11

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My mom had a friend who moved in cause he had a stroke so she could tend to him. Her dw trailer is on his land. She could never get him to leave and she begged for 2 yrs. He has a house right next door but it needs a little work and he stayed with her 100% free for 5 yrs. He is a hoarder and wrote the book on being a miser. My mom almost had to file banctrupcy before she died. He would get calls from ss that he would have 5000.00 in uncashed ss checks that he needed to cash, but he wouldnt give her a penny as she was on his land:{

Anyway she died nov 1st and he refuses to leave and we have to have it repossessed as she owes way more than its worth. I wonder how many days i have to give a non tenant in nc? and do I have to wait until after that amount of days to file or not?

He has put up no trespassing signs so we cant even get our mothers papers or her belongings and everything in there was hers. Sheriff says we cant get her things without a court paper as its his land.

Has anybody got any suggestions as what we can do to get our things if we get an eviction and what if he has moved the things and hid them? He has even last week changed the locks. Isnt that against the law?? Any thoughts would help so much!
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Old 01-06-2012, 10:03 PM
 
Location: Midtown Raleigh
1,074 posts, read 1,970,073 times
Reputation: 934
You need a lawyer, my friend, not a message board. Sorry for your troubles and I wish you luck.
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Old 01-06-2012, 10:10 PM
Status: "" Known fact that reality has a liberal bias." S. Colbert" (set 1 day ago)
 
Location: Chapel Hill, N.C.
26,611 posts, read 17,999,724 times
Reputation: 31820
definitely get a lawyer. what advice you get here will be worth exactly what you paid for it.
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Old 01-06-2012, 10:17 PM
 
Location: Kailua Kona, HI
2,722 posts, read 6,284,384 times
Reputation: 2400
First of all, you have a tenant. In most cases, if a person lives in a place so many days (normally 30) they are legally considered a tenant whether there is a lease or they pay any rent or not. Get an attorney to help you.
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Old 01-06-2012, 10:20 PM
 
Location: earth?
7,290 posts, read 5,366,931 times
Reputation: 8956
Adverse possession?
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Old 01-06-2012, 10:22 PM
 
Location: Kailua Kona, HI
2,722 posts, read 6,284,384 times
Reputation: 2400
Adverse possession would normally not be a viable issue with this person since the owner was there and alive during the "occupancy". Open and notorious use of property for so many years, with no action from the rightful owner. Usually this involves many years of possession.
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Old 01-06-2012, 10:24 PM
 
Location: North Carolina; former New York Stater
6,066 posts, read 9,385,016 times
Reputation: 4099
Yes, you absolutely need a lawyer.

But because the sheriff said you need a court order, it won't hurt to call Wake County Magistrates (assuming you are in Wake County; if not, call the one[s] in your county) and in only a few short and clear sentences with the facts, tell them what you need and ask them what you should do. They may very well say, "Get a lawyer" or they can't help at all. But it doesn't cost anything to try a call to possibly get some basic info.

It sounds like you just need to get her personal possessions and papers. Whoever holds the mortgage will be doing the repossessing.

Contact:

Wake County Magistrates
(919) 792-4900
330 S Salisbury St
Raleigh, NC 27601
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Old 01-13-2012, 12:47 PM
 
Location: nc
2 posts, read 5,461 times
Reputation: 11
I knowmtge company would repossess in about a year as they said their legalsystem is so backed up and i hate him to stay there another year for free. Would I use a summary ejectment form or a complaint form to evict?
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Old 01-13-2012, 02:37 PM
 
Location: The Triad (nc)
17,745 posts, read 24,091,532 times
Reputation: 14969
Quote:
Originally Posted by reready View Post
Would I use a summary ejectment form or a complaint form to evict?
YOU won't do anything. YOU have no legal standing.

The most that YOU can do is get the legal information to find out where the foul lines are
and the specifics of what legal process is correct...
so that your MOM can do something (or not!) about this guy.

Start with a real estate lawyer...
and ideally one who also does elder care issues.
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Old 01-13-2012, 04:00 PM
 
Location: Southern California
3,116 posts, read 4,107,391 times
Reputation: 3513
Quote:
Originally Posted by MrRational View Post
YOU won't do anything. YOU have no legal standing.

The most that YOU can do is get the legal information to find out where the foul lines are
and the specifics of what legal process is correct...
so that your MOM can do something (or not!) about this guy.

Start with a real estate lawyer...
and ideally one who also does elder care issues.
Unfortunately the OP states in his first post that his mother died a couple of months ago.

To the OP, I agree that seeing a lawyer is your best bet - but not to try and evict him. In reality, your Mom was HIS tenant, since the trailer was on his land - and you can't evict him from his own land.

Quote:
Originally Posted by reready View Post
He has put up no trespassing signs so we cant even get our mothers papers or her belongings and everything in there was hers. Sheriff says we cant get her things without a court paper as its his land.
This is why you'll need a lawyer - to get her belongings.

Quote:
Originally Posted by reready View Post
I knowmtge company would repossess in about a year as they said their legalsystem is so backed up and i hate him to stay there another year for free.
If she didn't own the trailer outright, and if there's a mortgage on it, do you really want to fight him over it? Best case scenario, you win in court, but you still have to move it off his land - which can be expensive - and you will then be responsible for the mortgage payments. The only reason it would be worth fighting him over it, is if she had some equity in it.

You say the mortgage company is backed up - and it will take a year for them to repossess it - so he gets another year for free. But why do you care? Unless your mother had enough into it, to make it worth your time fighting, just let it go. Let the mortgage company repossess it, on their own schedule. It's not ideal for the mortgage company, but it's not an uncommon scenario when an owner dies.
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