Building Sold During Nonpayment Proceeding

[AndaceQ]

Good morning,

I am a tenant in a nonpayment proceeding. It didn't go well, because my RTC lawyer talked me into signing a stip for a warrant of eviction. They said HRA would pay my arrears way before the marshal came and then HRA refused us the financial help. The marshal has already filed a Requisition for a final judgement online at NYSCEF and we can be evicted in a month's time if we don't pay by the date on the stip. However, we just received notices on our doors that the building was sold to a new owner. My question is, will the eviction still go through? Also, if I have to pay and come up with the money somehow, who do I pay to satisfy the possessory judgement, the new or old landlord? I ask, because our lawyer is no longer responding to my calls, texts or emails. No one seems to be able to give us any answers.

[TenantNet]

If this is the same case from your earlier post, then you post as a continuation. Starting a new thread tells me this is entirely different, so I won't bother looking or reading about your prior situation.

Please tell us which attorney you got from RTC, and which legal provider this person works for. Better, please give us the index number of the case (but do so by private mail ("PM button") so none of your private information is available to the public.

There may be times to toss in the towel, but when attorneys who talk tenants into leaving, are generally not doing tenants any favor. Of course HRA involvement is a complication, whether they paid any money or not. Will they help with rent in a new place? Where can you find a new place that's not $4,000 per month?

As for selling the building, it does happen and I don't know if this changes things. The new landlord can often just pick up where the old one left off. I would presume, for now, that the eviction is still on.

You are right to be concerned about paying the wrong entity. If you pay the new LL, the old LL might claim the rent should go to them, or the reverse if you pay the old LL. I wish I could give you a better answer on that.

With all this happening, you might be able to file an Order to Show Cause that might delay the eviction. I would look into the agreement to vacate as improper. Otherwise the LL might claim since you were represented, there is no basis to object.

One person tells us a recommended step: File an emergency OSC for a stay based upon all this and show diligent proof of hounding HRA for a One-Shot-Deal in the affidavit to the OSC.

[AndaceQ]

Thank you for your advice. I also read someplace that I could write a letter to the court. I use NYSCEF so I suppose I would upload it to that server? I emailed our RTC lawfirm asking why they weren't answering my questions and they notified me that my attorney was no longer with the firm and someone else had my case, but that person was copied on all the emails to our attorney and she hasn't answered either. I told them I want to file an OSC. I even just asked for advice. They are silent. I hope I can file an OSC myself, being that I am on record as having an attorney.
I asked to have a judge explain my rights to me before I signed the stipulation, but my attorney told me that wouldn't be possible because explaining my rights to me was HIS job since I was represented.

[AndaceQ]

I also should mention that I didn't agree to vacate. I agreed to a possessory judgement. My lawyer said as long as we got the money, my apartment would be safe. I hope I could trust him. This is a nightmare.

[TenantNet]

A letter is not going to do much. Besides, what would you ask for and how would you phrase it? Things are done by motions or Orders to Show Cause (OSC). OK, find out a) who has the case now and make immediate contact, and b) why they didn't tell you the attorney was leaving or that someone else had it. Ask - in writing - for an immediate consultation on your next steps.

If you file an OSC, I would include that your attorney (or his employer) dropped the ball as you describe. That actually might help. But it would also be good to include facts, i.e., that you tried to call the attorney X times by phone, that you sent X emails (cite days and times). You want the court to know you've been without representation, or that the representation was inadequate.

Did you know in advance that they were setting you up to vacate? If not, then that's something you can use. You could say it was behind your back ... but make sure to always back things up with dates, times and evidence if possible.

Please let us know the names of the attorneys, their employer and the cas caption or index number (use Private Mail).

Loosely, a possessory judgment is more or less an agreement to vacate. But also, in general, if the money is paid, then the case would be dismissed. That depends on the stipulation as it was written.

[AndaceQ]

I have been in contact with the attorney who filled in for the one who left for a month. She has been telling me since May 07, that she will look into it. I've been literally begging her to file an OSC and she won't. I even asked, a dozen times at least, who I should pay if it is decided that we need to fulfill the stipulation and I get an email saying, "I SAID, I'd TRY and look into it." This has been going on for weeks. I only have 4 weeks until I am evicted.

I feel I've been set up to lose my home, whether or not I pay. I spoke to Housing Court and they said I can't even file an OSC myself, because I am represented. This is a nightmare and I would never deal with anyone from NAICA again.

[TenantNet]

We're not familiar with NAICA. But its web site says it does housing development, i.e., they are landlords. Do they have any connection with the building where you reside?

For private messages, use the button at left of each post with "PM" on it. It looks much like the regular forum, but it's not visible to the public. Use that only for things that should not be in the public, i.e., name, location, etc. For other things (like all the posts above) keep those on the public side.

[AndaceQ]

I am not aware of any connection. If this is the case, it seems alarming that they are right to counsel lawyers assigned to tenants by the court. I would hate to think they were never on my side to begin with.