Eviction Defense Options Explored
Summary
Adverse possession in Arkansas requires continuous, open, notorious, hostile, exclusive, and actual possession for 7 years. It wont help with eviction if the bank is aware of your occupancy. Consider filing an emergency motion in federal court to delay eviction, emphasizing any legal violations. Explore legal aid, pro bono services, and contact HUD or VA for assistance. Register for CM/ECF for electronic filing.Full Conversation
I'm about to be evicted in a week out of my home that I've had for 27 years and the bank didn't even have standing to take my home because I believe that I know that they approgantly to securitized and took my home wrongfully I guess but anyways I took my home and I want to know what would be the best way to I'm trying to figure out how to say this with adverse possession keep me from being evicted or them taking my home or could I go through that with being fortunately securitized to any option to keep my home they also foreclosed on me but there's a whole other story on my rights for violated and I don't want to get my home up but they broke every rule but according to the Arkansas Sagittarius foreclosure of law and still won my home because I failed to preserve my constitutional argument or my attorneys fail to preserve my constitutional argument
****, it sounds like a complex situation. Here are some key points and questions to consider:
- Adverse Possession: Generally requires continuous, open, and notorious possession of property for a statutory period, often *-20 years depending on jurisdiction.
- Wrongful Foreclosure: If you believe the bank lacked standing, you might challenge the foreclosure.
- Constitutional Arguments: Essential to preserve these arguments timely.
Have you considered consulting a foreclosure defense attorney in Arkansas immediately to explore these options?
- Adverse Possession: Generally requires continuous, open, and notorious possession of property for a statutory period, often *-20 years depending on jurisdiction.
- Wrongful Foreclosure: If you believe the bank lacked standing, you might challenge the foreclosure.
- Constitutional Arguments: Essential to preserve these arguments timely.
Have you considered consulting a foreclosure defense attorney in Arkansas immediately to explore these options?
I can't afford an attorney nobody can help me
****, there are a few options you can consider:
- Legal Aid: Look for local legal aid organizations in Arkansas that offer free or low-cost services.
- Pro Bono Services: Some attorneys offer pro bono (free) services for cases like yours.
- Self-Help Resources: Many courts have self-help centers or online resources for individuals representing themselves.
Have you tried reaching out to any legal aid organizations in your area?
- Legal Aid: Look for local legal aid organizations in Arkansas that offer free or low-cost services.
- Pro Bono Services: Some attorneys offer pro bono (free) services for cases like yours.
- Self-Help Resources: Many courts have self-help centers or online resources for individuals representing themselves.
Have you tried reaching out to any legal aid organizations in your area?
Yes but I don't qualify for their help for some reason
****, it sounds like you're in a very tough situation. Here are a few additional steps you might consider:
- Contact Arkansas Bar Association: They may offer a referral to attorneys who might take your case pro bono.
- File a Complaint: Consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) if you believe your rights were violated.
Have you tried contacting the Arkansas Bar Association for a referral?
- Contact Arkansas Bar Association: They may offer a referral to attorneys who might take your case pro bono.
- File a Complaint: Consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) if you believe your rights were violated.
Have you tried contacting the Arkansas Bar Association for a referral?
Yeah I tried but they always just tell you to call Legal aid
****, your situation is indeed complex and challenging. Here are a few additional steps you might consider:
- Consumer Financial Protection Bureau (CFPB): File a complaint if you believe your rights were violated.
- State Attorney General: Contact the Arkansas Attorney General for consumer protection assistance.
- Bank's Ombudsman: Reach out to the bank's ombudsman for a review of your case.
Have you tried contacting the State Attorney General’s office?
- Consumer Financial Protection Bureau (CFPB): File a complaint if you believe your rights were violated.
- State Attorney General: Contact the Arkansas Attorney General for consumer protection assistance.
- Bank's Ombudsman: Reach out to the bank's ombudsman for a review of your case.
Have you tried contacting the State Attorney General’s office?
No I didn't think that they would help
****, you might still have some options left:
- Consumer Financial Protection Bureau (CFPB): File a complaint if you believe your rights were violated.
- State Attorney General: They might offer consumer protection assistance.
- Bank's Ombudsman: Request a review of your case.
Would you like more information on how to contact the State Attorney General's office in Arkansas?
- Consumer Financial Protection Bureau (CFPB): File a complaint if you believe your rights were violated.
- State Attorney General: They might offer consumer protection assistance.
- Bank's Ombudsman: Request a review of your case.
Would you like more information on how to contact the State Attorney General's office in Arkansas?
Yes please
Arkansas Attorney General's Office
Phone: (*) *-*
Address: * Center Street, Suite *, Little Rock, AR *
Website: www.arkansasag.gov
Have you filed a complaint with the Consumer Financial Protection Bureau (CFPB)? If not, it might be a good next step.
Okay thank you
****, considering your situation, you should definitely file a complaint with the Consumer Financial Protection Bureau (CFPB) if you haven't already. It's important to document all your communications and actions regarding this matter.
Would you like more information on how to file a complaint with the CFPB?
Would you like more information on how to file a complaint with the CFPB?
I called about a month ago and because I was foreclosed up on while my home is still in the review for a loan modification and also I did not get a letter stating a certified letter saying that I did not qualify for the loan modification and they went down and filed for the d saying that I'll prerequisites has been met in which he lied because he knowingly knew did they have not and they still won my home I requested to see the note to see if they had standing to take my home they didn't even have to show me the note and I'm to be eviction and not even a week at my home from 27 years me and my husband are both over the age of * he's a veteran and we're about to be homeless the bank broke every rule and one at home and I fell to preserve my constitutional right and it just makes me so sick at my stomach
****, I'm sorry to hear about your situation. Here are some immediate steps to consider:
- File a Complaint with the CFPB: Document your situation and submit a complaint.
- Contact HUD: They offer housing counseling to help with foreclosure issues.
- Veterans Assistance: Since your husband is a veteran, reach out to the VA for possible support.
Would you like more details on how to contact HUD or the VA?
- File a Complaint with the CFPB: Document your situation and submit a complaint.
- Contact HUD: They offer housing counseling to help with foreclosure issues.
- Veterans Assistance: Since your husband is a veteran, reach out to the VA for possible support.
Would you like more details on how to contact HUD or the VA?
, yes please
Here are the details you need:
~Department of Housing and Urban Development (HUD)
Phone: (*) *-*
Website: www.hud.gov
Phone: (*) *-*
Website: www.hud.gov
~U.S. Department of Veterans Affairs (VA)
Phone: *-*-*-*
Website: www.va.gov
Have you tried contacting either HUD or the VA for housing counseling or veteran support?
Phone: *-*-*-*
Website: www.va.gov
Have you tried contacting either HUD or the VA for housing counseling or veteran support?
Thank you for your help
****, given the urgency of your situation, here are a few more steps you can take:
- HUD Housing Counseling: They can provide guidance specific to foreclosure issues.
- VA Support: They might offer resources for veterans facing homelessness.
- Local Non-Profits: Look for local non-profits that assist with housing issues.
Would you like more information on finding local non-profits that can assist you?
- HUD Housing Counseling: They can provide guidance specific to foreclosure issues.
- VA Support: They might offer resources for veterans facing homelessness.
- Local Non-Profits: Look for local non-profits that assist with housing issues.
Would you like more information on finding local non-profits that can assist you?
Yes please
****, here are some resources for local non-profits that might be able to assist you with housing issues:
~Arkansas Community Action Agencies Association (ACAAA)
Phone: (*) *-*
Website: www.acaaa.org
Phone: (*) *-*
Website: www.acaaa.org
~Our House
Phone: (*) *-*
Website: www.ourhouseshelter.org
Have you tried reaching out to any local non-profits for assistance yet?
Phone: (*) *-*
Website: www.ourhouseshelter.org
Have you tried reaching out to any local non-profits for assistance yet?
I've done I've tried every avenue but now I tried HUD one time they told me they didn't have stuff like that my husband he tried to and didn't have much luck
****, it sounds incredibly challenging. Since other avenues haven't worked, consider these immediate steps:
- Bank's Ombudsman: Request an urgent review of your case.
- Emergency Housing Assistance: Look into state or local emergency housing assistance programs.
- Court Intervention: File an emergency motion in court to delay the eviction.
Would you like more information on filing an emergency motion in court?
- Bank's Ombudsman: Request an urgent review of your case.
- Emergency Housing Assistance: Look into state or local emergency housing assistance programs.
- Court Intervention: File an emergency motion in court to delay the eviction.
Would you like more information on filing an emergency motion in court?
Yes please we filed a pleading for a petition for review to the Arkansas supreme Court and they sided with the banks so we was wanting to go Federal but it's just so complicated
****, given the complexity and urgency of your situation, here are some critical steps to consider:
- Federal Court Appeal: If you believe there were violations of federal law or constitutional rights, you can consider appealing to a federal court.
- Emergency Motion: File an emergency motion in federal court to delay the eviction due to these new claims.
Would you like more information on how to file an emergency motion in federal court?
- Federal Court Appeal: If you believe there were violations of federal law or constitutional rights, you can consider appealing to a federal court.
- Emergency Motion: File an emergency motion in federal court to delay the eviction due to these new claims.
Would you like more information on how to file an emergency motion in federal court?
Yes please but isn't it too late because of it to be evicted and 10 days if not sooner if we filed an emergency motion with the federal court can they stop it in time?
****, filing an emergency motion in federal court can potentially delay the eviction, but timing is crucial.
- Emergency Motion: File as soon as possible to request a temporary restraining order (TRO) or preliminary injunction.
- Urgency: Emphasize the imminent eviction and any violations of federal law or constitutional rights.
Would you like a brief overview of how to file this motion?
- Emergency Motion: File as soon as possible to request a temporary restraining order (TRO) or preliminary injunction.
- Urgency: Emphasize the imminent eviction and any violations of federal law or constitutional rights.
Would you like a brief overview of how to file this motion?
Yes please
****, here’s a brief overview of filing an emergency motion in federal court:
*. Draft the Motion: Clearly state the facts, legal grounds for relief, and urgency.
*. Request for TRO/Preliminary Injunction: Ask the court to temporarily halt the eviction.
*. File the Motion: Submit the motion to the federal court.
*. Serve the Motion: Serve a copy to the bank’s legal representatives.
Would you like more detailed guidance on drafting the motion?
*. Draft the Motion: Clearly state the facts, legal grounds for relief, and urgency.
*. Request for TRO/Preliminary Injunction: Ask the court to temporarily halt the eviction.
*. File the Motion: Submit the motion to the federal court.
*. Serve the Motion: Serve a copy to the bank’s legal representatives.
Would you like more detailed guidance on drafting the motion?
Yes please
****, here’s a more detailed guidance on drafting an emergency motion:
*. Caption and Title: Include the court name, parties involved, and case number.
*. Introduction: Briefly state the emergency and request for a Temporary Restraining Order (TRO) or Preliminary Injunction.
*. Facts: Outline the facts of the case chronologically.
*. Legal Grounds: State the legal reasons for the requested relief, referencing relevant laws or constitutional provisions.
*. Urgency: Emphasize the imminent eviction and potential irreparable harm.
*. Relief Requested: Clearly state the relief you are seeking (e.g., halt the eviction).
*. Supporting Documents: Attach any evidence supporting your claims.
*. Certificate of Service: Certify that you served the motion to the opposing party.
Would you like more information on drafting specific sections of the motion?
*. Caption and Title: Include the court name, parties involved, and case number.
*. Introduction: Briefly state the emergency and request for a Temporary Restraining Order (TRO) or Preliminary Injunction.
*. Facts: Outline the facts of the case chronologically.
*. Legal Grounds: State the legal reasons for the requested relief, referencing relevant laws or constitutional provisions.
*. Urgency: Emphasize the imminent eviction and potential irreparable harm.
*. Relief Requested: Clearly state the relief you are seeking (e.g., halt the eviction).
*. Supporting Documents: Attach any evidence supporting your claims.
*. Certificate of Service: Certify that you served the motion to the opposing party.
Would you like more information on drafting specific sections of the motion?
Yes please can I electronically submit this if I'm doing it by proceed and hopefully stop the eviction in time?
****, you can often submit emergency motions electronically, but this depends on the specific court's rules. Here’s what you should do:
*. Check Local Rules: Verify if the federal court allows electronic filings for emergency motions.
*. Electronic Filing System: If allowed, use the court’s electronic filing system (CM/ECF).
*. Contact the Clerk: Call the court clerk to confirm procedures and ensure your motion is processed swiftly.
Would you like more details on how to access the electronic filing system?
*. Check Local Rules: Verify if the federal court allows electronic filings for emergency motions.
*. Electronic Filing System: If allowed, use the court’s electronic filing system (CM/ECF).
*. Contact the Clerk: Call the court clerk to confirm procedures and ensure your motion is processed swiftly.
Would you like more details on how to access the electronic filing system?
Yes please
****, here are the steps to access the electronic filing system (CM/ECF) for federal courts:
*. Register for CM/ECF: Create an account on the court's CM/ECF website if you don't have one.
*. Prepare Documents: Ensure all documents are in PDF format.
*. File Motion: Log in to CM/ECF, select the appropriate case, and upload your emergency motion.
*. Pay Fees: Some filings may require a fee, payable online.
*. Confirmation: Ensure you get a confirmation of submission.
Would you like more information on how to register for CM/ECF or on any specific court procedures?
*. Register for CM/ECF: Create an account on the court's CM/ECF website if you don't have one.
*. Prepare Documents: Ensure all documents are in PDF format.
*. File Motion: Log in to CM/ECF, select the appropriate case, and upload your emergency motion.
*. Pay Fees: Some filings may require a fee, payable online.
*. Confirmation: Ensure you get a confirmation of submission.
Would you like more information on how to register for CM/ECF or on any specific court procedures?
Yes please
Case Rating: *
****, here's a detailed guide on how to register for CM/ECF and file your emergency motion:
*. Register for CM/ECF:
- Visit the official CM/ECF website for your specific federal court.
- Follow the registration instructions to create an account. You may need to provide personal and case details.
*. Prepare Documents:
- Ensure all your documents are formatted as PDFs.
- Include your drafted emergency motion, supporting documents, and the certificate of service.
*. File Motion:
- Log in to the CM/ECF system with your credentials.
- Select the relevant case and follow the prompts to upload your emergency motion.
- Ensure you properly label your documents for clarity.
*. Pay Fees:
- Be prepared to pay any necessary filing fees online through the system, unless you qualify for a fee waiver.
*. Confirmation:
- After submission, you should receive a confirmation email or receipt. Save this for your records.
Would you like more information on any specific step or on how to request a fee waiver?
****, here's a detailed guide on how to register for CM/ECF and file your emergency motion:
*. Register for CM/ECF:
- Visit the official CM/ECF website for your specific federal court.
- Follow the registration instructions to create an account. You may need to provide personal and case details.
*. Prepare Documents:
- Ensure all your documents are formatted as PDFs.
- Include your drafted emergency motion, supporting documents, and the certificate of service.
*. File Motion:
- Log in to the CM/ECF system with your credentials.
- Select the relevant case and follow the prompts to upload your emergency motion.
- Ensure you properly label your documents for clarity.
*. Pay Fees:
- Be prepared to pay any necessary filing fees online through the system, unless you qualify for a fee waiver.
*. Confirmation:
- After submission, you should receive a confirmation email or receipt. Save this for your records.
Would you like more information on any specific step or on how to request a fee waiver?
I'll check it out thank you for your help
****, best of luck with your situation. If you need further assistance or have more questions, feel free to reach out. Your determination is commendable—stay strong!
Thank you
****, your determination to handle this complex situation is admirable. Given the urgency of your situation, taking immediate action is crucial. Filing an emergency motion in federal court could potentially delay the eviction. Remember to emphasize the imminent harm and any legal violations in your motion.
If you have any more questions or need further assistance, don't hesitate to reach out. Stay strong and best of luck!
If you have any more questions or need further assistance, don't hesitate to reach out. Stay strong and best of luck!
In Arkansas what is needing to file adverse possession
****, for adverse possession in Arkansas, here are the key requirements:
- Continuous Possession: You must possess the property continuously for 7 years.
- Open and Notorious: Your possession must be obvious to anyone, including the owner.
- Hostile: Possession must be without the owner's permission.
- Exclusive: You must solely possess the property, not sharing it with others.
- Actual Possession: You must physically use the property as an owner would.
Unfortunately, adverse possession won't help with an eviction from a home you've been living in with the owner's (or bank's) knowledge.
Would you like more details on any of these points?
- Continuous Possession: You must possess the property continuously for 7 years.
- Open and Notorious: Your possession must be obvious to anyone, including the owner.
- Hostile: Possession must be without the owner's permission.
- Exclusive: You must solely possess the property, not sharing it with others.
- Actual Possession: You must physically use the property as an owner would.
Unfortunately, adverse possession won't help with an eviction from a home you've been living in with the owner's (or bank's) knowledge.
Would you like more details on any of these points?