Can a lienholder interfere with a tenant’s eviction?

The lady at my credit union that is in charge of my mortgage is friends with my tenant and showed up in court on behalf of the credit union and argued in favor of my tenant. In short my lien holder is holding up my eviction so the tenant can live in my house for free. I would think this is a conflict of interest o some sorts or a violation of some kind of privacy act. I have followed the law all the way through and even though the tenant failed to show up for court they somehow managed to get a new court date scheduled which will allow them to occupy my house for at least an additional 5 days.

Asked on July 12, 2012 under Real Estate Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

The problem you are facing is that forcible detainer actions in Arizona are heard in Justice Court by justices of the peace who are not trained in the law (mostly not lawyers) and who are easily swayed by a lawyer or anyone with any sort of title (such as a banker).  You might want to get yourself an attorney for that next hearing.

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