On February 10 I signed a 1 year lease and supplied Mr. Fred Elzie (Realtor) of E.F. Brinkley & Associates a security deposit in the amount of $950.00 with an application fee of $45.00 and prorated rent in the amount of $569.88. Two weeks into my stay I was served foreclosure papers for a Ms. Angelique Joyner the actual owner of the property. I called the number and I was advised the town home was 6 months into foreclosure and the town home was going up for sale on March 11.
I was shocked and devastated so I immediately called both Fred Elzie and Angelique Joyner and inquired on the status of the foreclosure proceedings and I was told they were making arrangements with the mortgage company and work with them through the transition. I was very displeased and I stated I would have never moved into the property under those circumstances and this should have been disclosed to me prior to my moving in. Ms. Joyner made a personal visit to my home and asked me was I moving or not because she could get someone else in there. I stated I would take this matter to court because it was not only fraudulent but very bad business practice. Neither of the two was concerned with the matter and I agreed to pay my rent with a letter of a repayment to Chase Mortgage Company. (letter enclosed).
On Sunday September 23 I was served Angelique Joyner's Avalon at Mallard Creek's Homeowner's Association dues (subpoena enclosed). Well needless to say I was floored. I put my 30 day notice in to move and Ms. Joyner made several harassing calls and sent a letter stating if I moved I would forfeit my security deposit (copy of letter enclosed) I refused to pay my rent on the basis that I was being taken advantage of so Fred Elzie and I went to court of November 15 where I expressed my hurt, outrage, and concern over the ordeal and I was told by the judge to pay my rent but I should take this matter to Small claims court because it is against the law to rent out Foreclosed property. The judge called it Bad Business Practice. Mr. Fred Elzie called and asked me if I were moving because they had a few other applicants that were interested in the property. I was devastated to say the least.
I expressed to Mr. Elzie that I am a single Mother with children and I need stability they should not treat people in this manner. According to my neighbors several renters have moved into the town home and moved out immediately for reasons I am not sure of but if this was the reason then let me be the last victim in this unfair treatment.
All I ask is if Mr. Elzie is doing business in an illegal manner then something should be done and if Ms. Angelique can not pay her mortgage or dues then don't penalize the tenant. I have to come up with additional monies to move and this is an expense I was not expecting to pay in addition to the Holidays.
I found this home on www.SocialServe.com so I thought it was legitimate and this home should no longer be rented out until it is in legal standings. I would appreciate any feedback in the near future and Thanks for listening.
Both parties signed papers that upon my move on December 31st my 950.00 deposit would be refunded. I received an overnight on the 30th day of January that I could not pick up until two days later that only had half my deposit, and a bogus statement as to why they kept the rest. I do not think people should be treated this way, and I wanted to take both parties to small claims court; however I thought the burden of proof would be on me and not the parties.
I looked at this as a learning experience, but there are too many people in Charlotte renting out foreclosed property, and placing tenants in eviction status. Something has to be done
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