docwebster ([personal profile] docwebster) wrote2010-10-30 08:53 am

That post I promised.

EDIT: We've got it! Holy Jesus on a pogo stick, we got it! Mind, if nobody minds I'd kind of like to keep the donation lines open until tomororow morning Just In Case.

The short form is once and for all Herself and I have once and for all learned the lesson never, ever trust automatic withdrawal for rent payments.

The long form is this. Thanks to ACH fscking things up royally between the bank and Jacobs Realty, they and the owner of this building are in between a rock and a hard place on this and while they buy the explanation of what happened, the rent payments can't be accounted for and so we have basically until the close of business on Monday to at least come up with a "good faith" payment on the amount owed orrr we basically get a rerun of what happened in 2008 on Tuesday morning at 9. So yeah, from now on cashier's checks only. Also, once the proof from ACH shows up that the money was paid out and thus should be in the Jacobs account at which point if becomes their problem in total, we get the good faith payment back or can apply it toward future rent. We can probably do this on our own if need be. But it would pretty much cripple us financially for the rest of the month.

So with a major league deadline like this and the possibility of losing pretty much everything I have that keeps me debatably sane looming over my head like a certain sword, I not only need to get that battered old hat out, I need to ask you to boost the signal for me, far and wide. The problem is fixable. I'm just under a severe deadline here and I could use all the help I can get to clear this last hurdle. Thanks in advance and have a good one.






Here via Rosefox and the Saveours00j page

[identity profile] mamaduckers.livejournal.com 2010-11-02 12:03 am (UTC)(link)
Unfortunatly I have nothing to offer except some advice. Not a lawyer, and not legal advice.
Eviction is a legal order, from a judge, generally following a court case. If your friends have not gone to court, and a judge has not ordered an eviction, and the sherrif has not posted a notice on their door, or hand delivered/served them, they can not be forced out tomorrow, or any day. Their lawyer should have told them that.
If they have a court ordered eviction pending, their only course of action now, is to contact the courts, and ask for a stay, based on the fact that it's the bank's screw up, and show them the proof. Then, your friends file suit against the bank, for legal fees to fight the eviction, for breach of contract.
Sending positive energies for the best possible outcome in this issue. Regardless of how it happened, it sucks and I am sorry.

Re: Here via Rosefox and the Saveours00j page

[identity profile] zandperl.livejournal.com 2010-11-02 01:16 am (UTC)(link)
I was wondering about this too, but the OP does not specify in his post whether Tuesday is when the landlord is going to apply for an eviction order, if it's when the eviction order will be delivered, or if it is when it will be enacted (I.e, Tues is when the sherrif shows up ready to make arrests of anyone still on the premises). Also, the amount of time between these events can vary greatly by state, and in some states physically evicting the tenant with help of a sherrif is not possible.

So my point is that we cannot tell from the info given exactly how date-sensitive this problem is.

Re: Here via Rosefox and the Saveours00j page

[identity profile] mamaduckers.livejournal.com 2010-11-02 01:58 am (UTC)(link)
According to the profile page, OP is in Mo, as am I. I worked for nearly 10 years, for a property management company. I can tell from personal experience, that if the landlord is FILING eviction on Tuesday, teh OP has at least 45 days to make good on the amount due, and will still have an opportunity to appear in court, and present the judge with any and all evidence of payment deducted by the bank. Though, the ll can, and likely would drop the case, once evidence and proof of payment are made.
if eviction has already been ordered and scheduled, the sherrif will be there in the morning to remove them from the property.