What to do ifI moved out ofmy foreclosed rental early, but have not recived the payment that the bank promised for my doing so?

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What to do ifI moved out ofmy foreclosed rental early, but have not recived the payment that the bank promised for my doing so?

The house I was renting was foreclosed on and bought back by the bank. I was offered a “move out agreement” and I was out on time. I haven’t been paid. As stated above, on the move out date the realtor gave me a check that had been written out to the wrong name. That was 4 days ago and according to the agent, no one from the lender’s office will return her emails or phone calls. Meanwhile, my children and I are living out of our car with no money for food or gas. Accordingly, my children are not only hungry and homeless but they are missing school as well. Can you please inform me of my rights in this matter?

Asked on September 17, 2010 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Ok, first of all let's get things better for you.  Can you go to a family shelter of some sort to get a roof over your head and food for your kids?  Next, do you have a copy of the agreement?  And what happened to the original check?  Do you have a copy of that?  Is the agreement signed by a bank representative?  Then I would call your state banking commission (http://www.dfi.ca.gov or (916) 322-0622) and the State attorney general's office (http://www.ag.ca.gov and look under the consumer division regarding banks).  They should be able to help in some way.  I would also call the bank directly and hound the agent until they act as well. You have a right to sue on the agreement. Depending on the amount you can try small claims court.  But you need help sooner rather than later.  Good luck to you and to your children.


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