Evictions

Evictions are a delicate matter in both legal and human terms. Whether it follows a foreclosure or is a matter of a tenant issue, they require extreme care with attention to the complex legal details, and an empathetic but firm approach. The complexity of the process is rightfully designed to protect owners and tenants, and it requires patience, tenacity and focus to reach the end goal of protecting your property interests.

With evictions, experience is always the best guide in knowing how to efficiently achieve your goal in terms of diplomacy backed by a solid legal foundation. At Hutchens Law Firm we always represent you first and foremost with empathy, but always with a resolute defense of your interests.

Evictions fall into two main categories – those following foreclosure of a property and those stemming from non-foreclosure tenant issues. We can effectively represent you in both scenarios.

Foreclosure Evictions

Following foreclosure, the eviction process is a carefully orchestrated legal dance, with many complex steps designed to protect the interests and rights of the initial borrower / owner. We handle every step of the process to ensure a timely and efficient outcome so you can take ownership of the property as an asset. Our comprehensive service includes:

•    Confirming military status of borrowers/occupants
•    Confirming whether the occupants are “bona fide” tenants who would be       entitled to additional time or notice
•    Complying with the “Protecting Tenants At Foreclosure” laws
•    Sending the appropriate Notice to Vacate the property
           •   10 days/90 days
•    Complying with HUD regulations and Occupied Conveyance procedures
•    Petitioning the Court for a Writ of Possession
•    Dealing with personal property left behind
•    Property preservation concerns

Non-foreclosure Evictions

We also represent clients in non-foreclosure related evictions primarily related to tenants in rental properties – either residential or commercial. Our comprehensive service carefully addresses every step in the legal process to ensure the letter of the law is followed for an airtight defense of your interests. These complex legal requirements include:

•    Reviewing the specific facts and documents of the case, including leases,       subleases, management company contracts, payment histories and phone       logs
•    Preparing proper notices to tenants or occupants
           •   Time frame generally depends on the terms of the lease
•    Negotiating an amicable exit or resolution
•    Complying with the laws against “self-help”
•    Preparing a summons and complaint
•    Effecting service of papers on the tenants or occupants
•    Appearing in Court on your behalf
•    Defending any cross claims against the landlord or property owner
•    Obtaining judgment for past due rent and damage to the property
•    Coordinating with the Sheriff for lockout and dealing with personal property        left behind

Note: Timeframes and procedures vary by County, Judge and Sheriff’s Department. Contact our office for additional information specific to your County.