Louisiana law reguarding the rights of homeowners vs landlord.

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Louisiana law reguarding the rights of homeowners vs landlord.

I had a mortgage with an individual on my residence and just found out that the mortgage holder took posession of my home 2 and 1/2 years ago. Now he is trying to evict me as a renter after I have been paying the note and insurance during this time.How can he do this legally.

Asked on June 17, 2009 under Real Estate Law, Louisiana

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The only way the morgagee (holder of the note) can take your real estate is that the payments have not been paid in full.  You need to ask the lender for a breakdown of monthly payments made and show you the months the lender claims were not paid.  then compare this to your records.  If the lender is wrong and you are right then you need to show this to the lender.  If the lender insists they are right, then hire a lawyer and fight in court to prove the lender wrong and counter sue the lender for bad faith and unfair practices.  You need to find out the payment status as a priority.


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